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

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

No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The aim of this study is to investigate the nature, extent and impact of micro lending on the social functioning of members of Correctional Services. The negative implications and involvement of employers in micro lending often surface too late because the borrower is not well enough informed. This study is approached from a systemic perspective, which focuses on the bilateral influence of systems and their role in the individual’s everyday life. Because of the fact that a void has been identified in regard to scientific literature and evidence concerning this problem, an explorative study has been undertaken for data collection. In order to reach the goal, literature studies were undertaken, conversations with experts and individuals who have had first hand experience regarding micro lending. For the purpose of this study a questionnaire has been used with fourty respondents. This study was undertaken at the Department of Correctional Services Baviaanspoort Management Area. This study is based on quantitative and developmental research principles, within the exploratory design. From the research findings, several results and recommendations were put forward. / Dissertation (MSD (EAP))--University of Pretoria, 2005. / Social Work / unrestricted

Bereavement and grief are life changing and universal experiences. People cope with loss of a loved one in many ways. For some the experience may lead to personal growth and for others it could lead to deterioration in their normal functioning. There is no right way of coping with death. The way a person grieves depends on the personality of that person and the relationship with the person that has died. Grief and loss occurs both at work and at home. However, these days, most people spend more of their time at the workplace than at home. Therefore when a colleague dies or one is grieving a death or a loss, the impact on his or her co-workers can be tremendous. The death of an employee can bring the workplace activity to a halt. Anyone who knew the person will experience some degree of shock and anxiety. However, how a person copes with grief is affected by the person’s cultural and religious background, coping skills, mental history, support systems and the person’s social and financial situation. The workplace could therefore be a significant support system that could help a person to cope with the loss. The manner in which grief and loss are managed in the workplace could determine if the employees’ experiences of this loss is dealt with either positively or negatively. The researcher, through consultations with employees at Umgeni Hospital, has learnt that the employees have within a short time period experienced the loss of several colleagues through traumatic events. Some employees are also struggling to cope with losses in their personal lives. The aim of this study was to investigate the need for an employee bereavement support programme at Umgeni Hospital. The objectives of this study were: <ul> <li> To conceptualize theoretically employee bereavement and its impact in the workplace as well as the support strategies for employees.</li> <li> To conduct an empirical investigation into the need for an employee bereavement support programme at Umgeni Hospital.</li> <li> To provide recommendations to the hospital management on the need for a bereavement support programme at Umgeni Hospital based on the information gained from this research.</li> </ul> A quantitative research approach was used to assist the researcher understand this need. Applied research focusses on problem solving in practice. In this study applied research was used as the findings of this exploratory study determined the recommendations to management on the need for an employee bereavement support programme at Umgeni Hospital. The data collection method was hand delivered questionnaires. The population for the study was 422 employees. However, systematic sampling was used to chose a sample of 70 employees. These questionnaires were pilot tested on 5 employees that did not form part of the actual study. The data was analysed using the SPSS statistical package, interpreted and displayed using table format and various graphical presentations. The goal of the study was to investigate the need for an employee bereavement support programme at Umgeni Hospital. This goal was definitely achieved as the study determined not only that there is definitely a need for an employee bereavement support programme at Umgeni Hospital but also the exact or specific needs of the employees with regards to the programme itself. This study would therefore definitely add value to the hospital and its employees as it will assist hospital management in developing an appropriate bereavement support programme to assist their employees in the future. Copyright / Dissertation (MSW)--University of Pretoria, 2009. / Social Work and Criminology / unrestricted

The Constitution of the Republic of South Africa 108 of 1996 (SA, 1996) makes provision for all citizens to receive quality health care. Legislation such as the White Paper on the Transformation of the Public Service of 1995, (SA, 1995a), the White Paper on Transforming Public Service Delivery (Batho Pele) (SA, 1997b), the Public Service Act 103 of 1994, as amended (SA, 1994), the Labour Relations Act 66 of 1995 (SA, 1995b) and the Employment Equity Act 55 of 1998 (SA, 1998) enshrines this right for all citizens by ensuring that health authorities put measures in place to improve the performance of nurse employee (NE), and thus ensuring quality health care. NE are only able to improve the quality of their performance, if their performance is systematically appraised and their potential for development is identified. However, researchers, for instance Du Plessis (2002:116), Nkosi (2002:37–44), Narcisse and Harcourt (2008:1154), Thompson et al. (1999:139), Fletcher (2001:473) studied the perceptions and experiences of employees and managers of performance appraisal (PA) and these studies indicated that there is a gap in the implementation of PA. The Performance Management and Development System (PMDS) policy (Policy no. NWPG 13) was implemented in the North West public health sector in clinics and hospitals in 2004 to provide guidelines for the implementation of PA. This policy is reviewed annually since it was first drafted. However the researcher’s personal experience with PA in practice was that there is a gap between the process provided by the PMDS policy (Policy no. NWPG 13) and the implementation thereof in the North West public health sector. This led to the following research questions: how is PA implemented from the perspectives of nurse line managers (NLM) and NE in clinics in the Dr Kenneth Kaunda District (KKD) and what guidelines can be developed to improve the implementation of PA in clinics in the KKD? The study aimed to develop guidelines to improve the implementation of PA in clinics in the KKD. The study had a cross–sectional quantitative design with exploratory, descriptive and contextual research strategies. Two questionnaires: one for NLM and the other for NE were developed from section 13.4.4 and 13.4.5 of the PMDS policy (Policy no. NWPG 13 amendment approved for 2008–2009 performance cycle) (SA, 2007), to explore and describe the perceptions of NLM and NE on the implementation of PA in clinics in the KKD. Twenty–three problems were identified from the empirical research with regard to communication, feedback and participation in PA, which served as the evidence base towards developing guidelines to improve the implementation of PA in clinics in the KKD. The guidelines were developed using inductive and deductive reasoning and were based on the ten–point plan of Juran. Finally the research was evaluated, limitations were identified and recommendations were formulated for practice, education, management, research and policy. / Thesis (M.Cur.)--North-West University, Potchefstroom Campus, 2012.

The Constitution of the Republic of South Africa 108 of 1996 (SA, 1996) makes provision for all citizens to receive quality health care. Legislation such as the White Paper on the Transformation of the Public Service of 1995, (SA, 1995a), the White Paper on Transforming Public Service Delivery (Batho Pele) (SA, 1997b), the Public Service Act 103 of 1994, as amended (SA, 1994), the Labour Relations Act 66 of 1995 (SA, 1995b) and the Employment Equity Act 55 of 1998 (SA, 1998) enshrines this right for all citizens by ensuring that health authorities put measures in place to improve the performance of nurse employee (NE), and thus ensuring quality health care. NE are only able to improve the quality of their performance, if their performance is systematically appraised and their potential for development is identified. However, researchers, for instance Du Plessis (2002:116), Nkosi (2002:37–44), Narcisse and Harcourt (2008:1154), Thompson et al. (1999:139), Fletcher (2001:473) studied the perceptions and experiences of employees and managers of performance appraisal (PA) and these studies indicated that there is a gap in the implementation of PA. The Performance Management and Development System (PMDS) policy (Policy no. NWPG 13) was implemented in the North West public health sector in clinics and hospitals in 2004 to provide guidelines for the implementation of PA. This policy is reviewed annually since it was first drafted. However the researcher’s personal experience with PA in practice was that there is a gap between the process provided by the PMDS policy (Policy no. NWPG 13) and the implementation thereof in the North West public health sector. This led to the following research questions: how is PA implemented from the perspectives of nurse line managers (NLM) and NE in clinics in the Dr Kenneth Kaunda District (KKD) and what guidelines can be developed to improve the implementation of PA in clinics in the KKD? The study aimed to develop guidelines to improve the implementation of PA in clinics in the KKD. The study had a cross–sectional quantitative design with exploratory, descriptive and contextual research strategies. Two questionnaires: one for NLM and the other for NE were developed from section 13.4.4 and 13.4.5 of the PMDS policy (Policy no. NWPG 13 amendment approved for 2008–2009 performance cycle) (SA, 2007), to explore and describe the perceptions of NLM and NE on the implementation of PA in clinics in the KKD. Twenty–three problems were identified from the empirical research with regard to communication, feedback and participation in PA, which served as the evidence base towards developing guidelines to improve the implementation of PA in clinics in the KKD. The guidelines were developed using inductive and deductive reasoning and were based on the ten–point plan of Juran. Finally the research was evaluated, limitations were identified and recommendations were formulated for practice, education, management, research and policy. / Thesis (M.Cur.)--North-West University, Potchefstroom Campus, 2012.

Fringe benefits are the largest source of tax collection in South Africa, and a major change to the Income Tax Act has affected Fringe Benefit Tax. Virtually every year in the budget speech, the Minister of Finance introduces changes to the legislation, with the concomitant effect on individuals. In the last speech, the use of travel allowances and medical schemes, to name only two, were mentioned as being under constant review. In the budget speech of 2011, delivered by Pravin Gordhan on 23 February 2011, he announced that the employer’s contribution to retirement funds on behalf of employees will constitute a Taxable Fringe Benefit with effect from 1 March 2012. This study intends to establish, by means of a comparison between the South African and Australian Income Tax Acts, whether the taxation of fringe benefits, as set out in the Act in South Africa, is still appropriate. This will be done by evaluating the Australian system of taxing fringe benefits and comparing this with the taxation of the fringe benefits listed in the Act in SA. The study also discusses the various categories of fringe benefits listed in the Act. It will analyse and compare these with the fringe benefits in the Australian tax system. No similar research has been carried out from the South African perspective AFRIKAANS : Byvoordeel bestaan die grootste gedeelte van die bron van belasting invordering. Daar is 'n groot verandering in die Inkomstebelastingwet wat die byvoordeel belasting geaffekteer het in Suid Afrika. Byna elke jaar in sy begrotingsrede het die Minister van Finansies veranderinge aangekondig in die wetgewing wat individue raak.In die begrotingsrede van 2011, vrygestel op 23 Februarie 2011 deur die Minister van Finansies, Pravin Gordhan, sal die werkgewer se bydrae tot aftreefondse namens werknemers ,met ingang 1 Maart 2012 as 'n belasbare byvoordeel graag word. Die doel van hierdie studie is om vas te stel, deur middel van 'n vergelykende studie met Australiese Inkomstebelastingwet, of die wet op belasting op byvoordele in Suid-Afrika nog toepaslik is. Die doelwitte van die studie is om die Australiese stelsel te evalueer in vergelyking met die belasting op byvoordele in SA. Hierdie studie bespreek die verskillende kategorieë van byvoordele soos tans van toepassing op Suid-Afrika; an word ontleed en vergelyk met die byvoordele in die Australiese belasting stelsel. Daar is geen vorige navorsing uitgevoer in hierdie gebied vanuit ‘n Suid-Afrikaanse perspektief nie Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Sathiga, S 2011, A comparative analysis of the taxation of fringe benefits in the South African Income Tax with the Australian Income Tax, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03052012-161405 / > F12/4/143/gm / Dissertation (MCom)--University of Pretoria, 2011. / Taxation / Unrestricted

Many beginner educators leave the profession within the first three years following their appointment. The security of educators, and especially that of the beginner educator is threatened from many angles. Beginner educators experience this threat very intensely and this weakened feeling of security they experience, has important implications for their role as educators. There are, however, many legal determinants that protect educator security and oppose each threat directly. This research falls within the field of Education Law and the security of beginner-educators is studied from this angle. The study focuses on the protection of security as offered by law determinants and the real experience of threats by beginner educators. In the research, law determinants such as the Constitution, education law, labour law and case law, as protectors of security, were studied. Using a qualitative study the experience and perceptions of a selection of participants was analysed. The participants, from different types of schools in a certain geographical area, were identified. During the analysis two aspects emerged that influence security. The first aspect is the beginner educator‟s lack of knowledge of the mechanisms that protect security and the second aspect was beginner educators‟ real experience of threats. Beginner educators‟ lack of security is the result of their lack of knowledge of the mechanisms that protect security. The findings of this research propose that more emphasis is placed on the legal aspects concerning the protection of security of educators during their training and that beginner educators are empowered to face threats of security and overcome it. / MEd (Education Law), North-West University, Potchefstroom Campus, 2015

Many beginner educators leave the profession within the first three years following their appointment. The security of educators, and especially that of the beginner educator is threatened from many angles. Beginner educators experience this threat very intensely and this weakened feeling of security they experience, has important implications for their role as educators. There are, however, many legal determinants that protect educator security and oppose each threat directly. This research falls within the field of Education Law and the security of beginner-educators is studied from this angle. The study focuses on the protection of security as offered by law determinants and the real experience of threats by beginner educators. In the research, law determinants such as the Constitution, education law, labour law and case law, as protectors of security, were studied. Using a qualitative study the experience and perceptions of a selection of participants was analysed. The participants, from different types of schools in a certain geographical area, were identified. During the analysis two aspects emerged that influence security. The first aspect is the beginner educator‟s lack of knowledge of the mechanisms that protect security and the second aspect was beginner educators‟ real experience of threats. Beginner educators‟ lack of security is the result of their lack of knowledge of the mechanisms that protect security. The findings of this research propose that more emphasis is placed on the legal aspects concerning the protection of security of educators during their training and that beginner educators are empowered to face threats of security and overcome it. / MEd (Education Law), North-West University, Potchefstroom Campus, 2015