M.Com. (Taxation) / Please refer to full text to view abstract

Thesis (M.M. (Public and Development Management))--University of the Witwatersrand, Faculty of Commerce, Law and Management, Wits School of Governance, 2016. / The political and constitutional changes in South Africa brought about fundamental features through the transformation agenda in the public service. Of primary importance is that the South African political transformation processes have been characterised by a culture of transparency, participation and accountability. These values are in direct contrast to what presently obtains in the Department of Health’s exmineworker compensation system. Within this context it emerged as a concern that that the system of governance that managed the compensation system was not responsive to the needs of ex-mineworkers. Ex-mineworkers experienced serious delays in time before accessing government compensation. There were claimants that were deceased whilst awaiting an outcome of their applications for compensation. The enormity and complexity of the system was underestimated by government departments. Legal firms and related professionals handling the cases of ex-mineworkers earned more than £1.3-billion in fees for taking up the cases of claimants. The costs of administration in the handling of claims surpassed the actual amounts paid out to claimants eventually. At the centre of the civil service management in South Africa, was the Department of Public Service and Administration. It was here that policies on governance were developed. The Department of Public Service and Administration was responsible for the establishment of norms and standards for the entire Public Service. Under the auspices of this centralised function, service delivery mechanisms were ensured, there was access to integrated systems, the framework for human resources management was developed, and in the development of policies focus was given to the needs of the citizens. ii The purpose of this study was to explore reasons for the low compensation uptake, and to examine systems and inform changes that would allow exmineworkers in the Eastern Cape, Oliver Tambo District to better manage their access to government compensation. The mining industry plays a significant role in the South African economy long after the discovery of gold in 1886. With little evidence of policy and legislative reform, and after 22 years into South Africa’s democracy, the scourge of failing respiratory health amongst ex-mineworkers has not decreased. miners face an epidemic of occupational lung disease. The challenge of tracking and tracing ex-miners to capacitate them on their rights and benefits of compensation, owed and owing to them, forms the basis of this study. The governance of the system of compensation for ex-miners is not bringing the large numbers closer to easy access. Whilst the challenges may well be present, this study is intended to raise awareness of the problem, investigate the cause/s and offer recommendations that will provide relief to a population in South Africa that could be seemingly lost if not told of what benefits are available to themselves (if alive) and nominated beneficiaries (in the case of those who are deceased). This study was concerned with gaining a better understanding of why exmineworkers in the OR Tambo District of the Eastern Cape Province of South Africa were not accessing their compensation benefits, rather than to measure certain outputs and outcomes. It was primarily interested in gaining an in-depth understanding of how information is being disseminated and how it is being influenced by different variables. A qualitative approach was chosen in order to portray the detailed understanding and specific dynamics experienced by ex-mineworkers in accessing compensation benefits from the Department of Health. iii The importance of good governance in improving service delivery was explained and spoke to what constituted good governance, the importance of proper planning during periods of transition and why governance should be a continuous activity as well as the importance of planning in public institutions. In this study, the need for good governance to improve service delivery, were identified, with specific reference to those aspects of good governance that could better equip the ex-mineworkers in the Eastern Cape to better understand the compensation and in so doing would guide the research process. / GR2018

After careful review of all the relevant literature pertaining to motivation, performance management and compensation in the form of incentives, this thesis focuses primarily on determining whether a statistically significant relationship exists between individual needs and the choice of an incentive scheme option. The secondary aims of the research are to determine whether: A relationship exists between the job grade of an individual and the choice of an incentive scheme. A particular incentive scheme option is preferred by the employees in The South African Breweries (SAB). A particular preference exists, and if so, to make recommendations to SAB for consideration as alternatives to their existing incentive scheme options. After collation of the survey data from the respondents in the sample, the analysis and discussion of the results determined that no significant relationship exists between individual needs and the choice of an incentive scheme option. It was, however, determined that a significant relationship exists between the grade of the employees in SAB and their choice of an incentive scheme. 81% of all respondents indicated a desire for shares as an option in their Short Term Incentives (STI) which indicates a desire for shares in some form or another and may well indicate a level of confidence and commitment by the employees to the organisation. Although the research hypothesis was not proven, significant insights into remuneration within SAB was obtained, which has resulted in recommendations being made for further research into the option of shares in some form or another in the organisation. A further recommendation for SAB is to consider some form of share options for all employees in the organisation. As many other organisations that are performing at remarkable levels attest this performance to share ownership and the behaviour that emanates from it, it would be in the interests of SAB to further investigate the issue as it may improve performance, ownership and retention within the company.

The LRA 66 of 1995 was established to give effect to section 23(1) of the Constitution of the Republic of South Africa, which guarantees that everyone has a right to fair labour practices. Amongst others, the purpose of the LRA is to advance economic development, labour peace and the effective resolution of labour disputes. At common law termination of employment was occasioned by the conduct of the employer or employee, in terms of which either party may terminate an employment contract by giving agreed notice or reasonable notice. The LRA broadened the common law concept of “repudiation” of a contract of employment in terms of which section 186 of the LRA now defines the term “dismissal” to mean various possible instances that can be caused by the employer or employee. Furthermore, section 185 of the same Act clearly states that a dismissal can be found to be unfair and makes provision for redress to an employee who would be aggrieved by a dismissal. Compensation is one of the remedies that can be awarded to an employee who is found to have been unfairly dismissed. Unlike the LRA of 1956 which gave the courts an unfettered discretion regarding the compensation that could be awarded, section 194 of the current LRA places a limit on the compensation amount that can be awarded. A decision hereon is determined with reference to whether the dismissal is found to have been procedurally, substantively unfair or both. The Act further requires that the compensation must be just and equitable. A challenge in applying section 194 of the Act in this regard is that there would be vast inconsistencies in terms of the amount of compensation to be awarded and that certain presiding officers could consider different approaches in considering factors to be determined when deciding on compensation. In many other instances compensation for unfair dismissal would be decided around the idea of solely punishing the employer. This research document is mainly concerned with identifying the said challenges through case law by considering the decisions of the commissioners and judges in interpreting the old and current provisions of section 194 of the Act. The old section 194 of the Act created a formula to be followed by presiding officers when making a determination on the compensation awarded. The interpretation of the section and its formula brought with it its own complications. The amended section 194 on the other hand, conferred a discretion on presiding officers to award compensation within the caps of 12 months and 24 months for procedurally and substantively unfair dismissal respectively, for as long as the compensation would be just and equitable in all circumstances. Relevant case law and the opinions of labour law experts have been of great assistance in interpreting the current section 194. The factors do not constitute an exhaustive list. They are a mere guideline to presiding officers so as to eliminate or minimize inconsistencies in awarding compensation.

Thesis (MTech. degree in Local Government.)--Tshwane University of Technology, 2012. / The point of departure of this study is to evaluate service delivery in the Office of the Compensation Fund. The year 1994 ushered in a new era for South Africa. Since then, the South African Public Service has gone through a process of transformation. The introduction of new legislation regarding service delivery and transformation changed the manner in which the South African Public Service functioned. The main task of those in power is to transform the lives of all South Africans and this could be achieved by improving service delivery. Service delivery improvements have characterised government institutions and have not left the Compensation Fund behind. The primary objective of this research is to suggest ways of evaluating improved service delivery in the Office of the Compensation Fund.

Abstract not available. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2000.