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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The financial responsibilities of the employer with regard to injuries caused by crime of the employee in the retail sector / Marius Lafras Smit

Smit, Marius Lafras January 2014 (has links)
The employee‘s right to a safe working environment or a safe place of work is recognised in common law, the Constitution of the Republic of South Africa 1996, the Labour Relations Act, Act 66 of 1995, The Basic Conditions of Employment Act, Act 75 of 1997 and the Occupational Health and Safety Act, Act 85 of 1993. The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (COIDA) prescribes the procedure for compensating employees for injury on duty. Regionally the standards for working condition have been formalized by the South African Development Community. A safe workplace has been the cornerstone of development in working conditions and labour law, throughout the last century in generally and specifically the last decade. COIDA provides for a system of ―no-fault compensation‖ This eliminated the onerous common-law burden previously resting on employees to prove negligence on the part of the employer in order to be able to claim compensation for injury on duty. However Section 35 of COIDA creates problems of it‘s own. It provides that no employee is allowed to claim damages from his/her employer for any injuries sustained on duty. Section 35(1) reads as follows: ―No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee‘s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death. The problem section 35 creates is that because of the protection it gives employers against claims, it derogates from employer‘s duty to provide a safe working environment. Even if an employee is injured because of the employer‘s negligence or failure to create a safe and secure working environment, no action may be taken against that employer. In Twalo v Minister of Safety & Security & another (2009) 30 ILJ 1578 (Ck) the court held that an injury caused by an intentional act cannot be deemed an accident as defined in COIDA and that it would therefore not be covered by COIDA. In DN v MEC for Health, Free State 2014 (3) SA 49 (FB), once again, an accident in the ordinary and grammatical sense was held not to be an injury on duty if that injury had been caused by an intentional and deliberate act. These judgements followed an argument in Minister of Justice v Khoza 1966 (1) SA 410 (A). On this basis it is therefore possible to claim damages from the employer for an injury on duty that was not caused by an accident, but was caused by an intentional act performed by a criminal. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015
2

The financial responsibilities of the employer with regard to injuries caused by crime of the employee in the retail sector / Marius Lafras Smit

Smit, Marius Lafras January 2014 (has links)
The employee‘s right to a safe working environment or a safe place of work is recognised in common law, the Constitution of the Republic of South Africa 1996, the Labour Relations Act, Act 66 of 1995, The Basic Conditions of Employment Act, Act 75 of 1997 and the Occupational Health and Safety Act, Act 85 of 1993. The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 (COIDA) prescribes the procedure for compensating employees for injury on duty. Regionally the standards for working condition have been formalized by the South African Development Community. A safe workplace has been the cornerstone of development in working conditions and labour law, throughout the last century in generally and specifically the last decade. COIDA provides for a system of ―no-fault compensation‖ This eliminated the onerous common-law burden previously resting on employees to prove negligence on the part of the employer in order to be able to claim compensation for injury on duty. However Section 35 of COIDA creates problems of it‘s own. It provides that no employee is allowed to claim damages from his/her employer for any injuries sustained on duty. Section 35(1) reads as follows: ―No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee‘s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death. The problem section 35 creates is that because of the protection it gives employers against claims, it derogates from employer‘s duty to provide a safe working environment. Even if an employee is injured because of the employer‘s negligence or failure to create a safe and secure working environment, no action may be taken against that employer. In Twalo v Minister of Safety & Security & another (2009) 30 ILJ 1578 (Ck) the court held that an injury caused by an intentional act cannot be deemed an accident as defined in COIDA and that it would therefore not be covered by COIDA. In DN v MEC for Health, Free State 2014 (3) SA 49 (FB), once again, an accident in the ordinary and grammatical sense was held not to be an injury on duty if that injury had been caused by an intentional and deliberate act. These judgements followed an argument in Minister of Justice v Khoza 1966 (1) SA 410 (A). On this basis it is therefore possible to claim damages from the employer for an injury on duty that was not caused by an accident, but was caused by an intentional act performed by a criminal. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015
3

Identifying preferred organisational characteristics and remuneration types for retail pharmacists / Ruan Smit

Smit, Ruan January 2014 (has links)
Objective: The primary objective is to determine the preferred organisational characteristics and remuneration types for pharmacists and university students in South Africa. The primary objective will be realised and supported by meeting the secondary objectives, which are: * What organisational characteristics and remuneration types exist in the literature that could influence the employee’s perception of the organisation? * How do these characteristics and remuneration types differ between students and pharmacists? * How do these characteristics and remuneration types differ between different age groups? * How do these characteristics and remuneration types differ between different levels of experience? Methods: The research of this study will be conducted by means of a comparative literature review and a quantitative empirical study. The literature review will discuss the staffing situation in the pharmacy as it is currently experienced, as well as the aspects that might influence potential applicants in the future. The empirical investigation will be done by analysing pharmacists currently employed by a retail pharmacy chain organisation and the final-year pharmacy student class of a South African university. Quantitative research will be conducted by way of an anonymous questionnaire. Part one will be used to determine the demographics of the study populations. Part two will determine the current level of motivation as well as aspects pertaining to their preferred organisational characteristics and will include the following: * To determine the current organisational characteristics sought after by the pharmacists and pharmacy students in the study population; and * To determine the most preferred remuneration types for the pharmacists and pharmacy students in the study population. Results: It was noted that many organisational characteristics could influence the employee perceptions. From the analysed questionnaires, characteristics that include growth opportunities inside the organisation, using your pharmaceutical skills, physical working location, as well as manageable intensity of work were cited as the most important characteristics. The most important remuneration packages in the studied population were analysed to be: * A basic plus benefit system was preferred * A skills-based pay as the base of the remuneration package * A performance-based incentive system where benefits are rewarded according to merit * Incentives calculated from amount of personal output and not by business unit or organisational profit * Share options were popular as an added benefit It should be noted that the preferred remuneration packages do differ between students, pharmacists, pharmacy managers, different age groups and experience groups and can be personalised for each group. Conclusion: This study highlighted preferred organisational characteristics and remuneration types for retail pharmacists and final-year pharmacy students. It is recommended that a more in-depth study of the preferred organisational characteristics and remuneration types for retail pharmacists should be conducted. This study should also include the cost implications of hiring the most suitable candidate for a position versus the least suitable candidate. / MBA, North-West University, Potchefstroom Campus, 2014
4

Identifying preferred organisational characteristics and remuneration types for retail pharmacists / Ruan Smit

Smit, Ruan January 2014 (has links)
Objective: The primary objective is to determine the preferred organisational characteristics and remuneration types for pharmacists and university students in South Africa. The primary objective will be realised and supported by meeting the secondary objectives, which are: * What organisational characteristics and remuneration types exist in the literature that could influence the employee’s perception of the organisation? * How do these characteristics and remuneration types differ between students and pharmacists? * How do these characteristics and remuneration types differ between different age groups? * How do these characteristics and remuneration types differ between different levels of experience? Methods: The research of this study will be conducted by means of a comparative literature review and a quantitative empirical study. The literature review will discuss the staffing situation in the pharmacy as it is currently experienced, as well as the aspects that might influence potential applicants in the future. The empirical investigation will be done by analysing pharmacists currently employed by a retail pharmacy chain organisation and the final-year pharmacy student class of a South African university. Quantitative research will be conducted by way of an anonymous questionnaire. Part one will be used to determine the demographics of the study populations. Part two will determine the current level of motivation as well as aspects pertaining to their preferred organisational characteristics and will include the following: * To determine the current organisational characteristics sought after by the pharmacists and pharmacy students in the study population; and * To determine the most preferred remuneration types for the pharmacists and pharmacy students in the study population. Results: It was noted that many organisational characteristics could influence the employee perceptions. From the analysed questionnaires, characteristics that include growth opportunities inside the organisation, using your pharmaceutical skills, physical working location, as well as manageable intensity of work were cited as the most important characteristics. The most important remuneration packages in the studied population were analysed to be: * A basic plus benefit system was preferred * A skills-based pay as the base of the remuneration package * A performance-based incentive system where benefits are rewarded according to merit * Incentives calculated from amount of personal output and not by business unit or organisational profit * Share options were popular as an added benefit It should be noted that the preferred remuneration packages do differ between students, pharmacists, pharmacy managers, different age groups and experience groups and can be personalised for each group. Conclusion: This study highlighted preferred organisational characteristics and remuneration types for retail pharmacists and final-year pharmacy students. It is recommended that a more in-depth study of the preferred organisational characteristics and remuneration types for retail pharmacists should be conducted. This study should also include the cost implications of hiring the most suitable candidate for a position versus the least suitable candidate. / MBA, North-West University, Potchefstroom Campus, 2014
5

An application of Data Envelopment Analysis to benchmark CEO remuneration / Marli Theunissen.

Theunissen, Marli January 2012 (has links)
The purpose of this study is to determine whether the Data Envelopment Analysis (DEA) can be applied to Chief Executive Officer (CEO) remuneration of companies listed on the Johannesburg Stock Exchange (JSE) by defining inputs in terms of remuneration factors and outputs in terms of business factors in order to establish a benchmark for CEO remuneration. An exploratory study is conducted, using cross-sectional data from a secondary source. The sample consists of 221 companies listed on the JSE that disclosed their financial and non-financial information during 2010. The DEA was performed to estimate the relative technical efficiency of CEOs to convert their remuneration into company performance indicators. Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives were used as the inputs to the DEA model and company performance and size, measured by Return on Equity (ROE) and Total Assets respectively, were used as the outputs to the model. The empirical results prove that the DEA can be successfully applied as a benchmarking model for CEO remuneration that incorporates multiple inputs and outputs and establishes benchmarks and potential improvements for overpaid, inefficient CEOs. The CEOs from 80 of the 221 companies included in the sample emerged as the benchmark CEOs and formed the efficiency frontier against which inefficient CEOs were compared in order to determine the potential improvements for these CEOs. From a research perspective, this study contributes to the advancement of CEO remuneration research by introducing an alternative model by which CEO remuneration can be analysed. Future studies can analyse CEO remuneration by using other variables or time series data in the DEA model or combine the DEA with other methods like the regression analysis to perform more comprehensive investigations. From a practical perspective, the DEA can be used to establish a benchmark for CEO remuneration. Remuneration committees can use the results of the DEA as a guide to determine acceptable remuneration levels and decrease the pay gap between CEOs and the average worker. The originality of this study lies in the fact that it is the first South African study that used the DEA instead of the regression analysis to analyse CEO remuneration of companies listed on the JSE. This study also disaggregated Total CEO Remuneration into Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives to provide more accurate benchmark information. In addition, this is the first study that established benchmark CEO remuneration levels and suggested improvements to the remuneration package structure of overpaid, under-performing CEOs of companies listed on the JSE. / Thesis (MCom (Management Accountancy))--North-West University, Potchefstroom Campus, 2013.
6

An application of Data Envelopment Analysis to benchmark CEO remuneration / Marli Theunissen.

Theunissen, Marli January 2012 (has links)
The purpose of this study is to determine whether the Data Envelopment Analysis (DEA) can be applied to Chief Executive Officer (CEO) remuneration of companies listed on the Johannesburg Stock Exchange (JSE) by defining inputs in terms of remuneration factors and outputs in terms of business factors in order to establish a benchmark for CEO remuneration. An exploratory study is conducted, using cross-sectional data from a secondary source. The sample consists of 221 companies listed on the JSE that disclosed their financial and non-financial information during 2010. The DEA was performed to estimate the relative technical efficiency of CEOs to convert their remuneration into company performance indicators. Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives were used as the inputs to the DEA model and company performance and size, measured by Return on Equity (ROE) and Total Assets respectively, were used as the outputs to the model. The empirical results prove that the DEA can be successfully applied as a benchmarking model for CEO remuneration that incorporates multiple inputs and outputs and establishes benchmarks and potential improvements for overpaid, inefficient CEOs. The CEOs from 80 of the 221 companies included in the sample emerged as the benchmark CEOs and formed the efficiency frontier against which inefficient CEOs were compared in order to determine the potential improvements for these CEOs. From a research perspective, this study contributes to the advancement of CEO remuneration research by introducing an alternative model by which CEO remuneration can be analysed. Future studies can analyse CEO remuneration by using other variables or time series data in the DEA model or combine the DEA with other methods like the regression analysis to perform more comprehensive investigations. From a practical perspective, the DEA can be used to establish a benchmark for CEO remuneration. Remuneration committees can use the results of the DEA as a guide to determine acceptable remuneration levels and decrease the pay gap between CEOs and the average worker. The originality of this study lies in the fact that it is the first South African study that used the DEA instead of the regression analysis to analyse CEO remuneration of companies listed on the JSE. This study also disaggregated Total CEO Remuneration into Base Pay, Perquisites and Pension, Annual Bonus Plans and Long-term Incentives to provide more accurate benchmark information. In addition, this is the first study that established benchmark CEO remuneration levels and suggested improvements to the remuneration package structure of overpaid, under-performing CEOs of companies listed on the JSE. / Thesis (MCom (Management Accountancy))--North-West University, Potchefstroom Campus, 2013.

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