The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

Text in English with abstracts in English, Afrikaans and isiZulu. Translated titles in Afrikaans and isiZulu supplied / Alarming global crime levels lead to increased incarcerations, resulting in changes in the dynamics of the offender population. Developments that call for urgent progressive reforms of corrections, thereby fast-tracking the employment of female officers. A qualitative study was conducted to explore the lived work experiences of 17 female correctional officers, at Kgoši Mampuru II Management Area in Pretoria, South Africa, to determine how they shape their work identity in this male-dominated sector. An interpretive phenomenological analysis methodology is applied, informed by the Social Identity Theory (SIT) to conceptualise the factors that shape these officers’ work identity. Themes identified include the role of the corrections environment as a social institution, corrections operating as separate communities, and how being different contributes to the distinct attributes of female correctional officers. Emotional labour, vigilance and their uniform also proved significant tools these female officers applied as a means to cope and assert their rightful place in this harsh, strained environment. / Ubugebengu obuphakeme kakhulu emhlabeni sebuholele ekutheni sikhule isibalo seziboshwa emajele, okwenza ukuthi silokhu sidlondlobale njalo isibalo seziboshwa nakuba amajele esegcwele ngokweqile. Izinguquko esimweni sesibalo seziboshwa esikhulayo sezibeke ingcindezi engeziwe phezu kwamahlombe ojele nakuba sebevele bethwele kanzima. Lokhu sekudale isidingo esiphuthumayo sokuthi kwenziwe izinguquko ezinohlonze okuhloswe ngazo ukuphucula nokuthuthukisa isimo, ngokuthi kusheshiwe ukuqashwa kojele besifazane. Lolu cwaningo lwenziwe ngaphansi kwalesi simo-ke ngenhloso yokuhlola nokucubungula impilo ephilwa ngojele besifazane uma besemsebenzini nezigameko zansukuzonke abahlangabezana nazo ukuze kubhekwe ukuthi basibumba futhi basibonakalise kanjani isimo-bunjalo sabo njengabantu ukuze bathathe indawo yabo ngeqholo kulo mkhakha okukhonya kuwona kakhulu abantu besilisa. Ulwazi locwaningo lwaqoqwa ngokusebenzisa izingxoxo zokubonana ubuso nobuso ezingama-semi-structured interviews ezabanjwa nojele besifazane abayi-17 e-Kgoši Mampuru II Management Area ePitoli, eNingizimu Afrika. Izindlela zocwaningo ezasetshenziswa kwaba yindlela yocwaningo olukhwalithethivu kanye nohlaziyo olubizwa nge-interpretive phenomenological analysis. Ithiyori yokuzihlonza komuntu isimo sakhe emphakathini nokuthi ungubani iveza umbono wokuthi umuntu wakha izimo-bunjalo ezihlukahlukene okuyizimo-bunjalo zakhe uqobo ngaphakathi kanye nezimo-bunjalo afuna ukuziveza ngazo futhi azibonakalise ngazo emphakathini ukuze akwazi ukwenza izinto kahle futhi ngendlela efanele endaweni ethile azithola ekuyona. Izingqikithi eziyinhloko ezahlozwa ngenhloso yokweseka lo mgomo zibandakanya indima yesikhungo okwenzelwa kusona umsebenzi wokuhlunyeleliswa kwezimilo njengesikhungo zomphakathi, isikhungo sokuhlunyeleliswa kwezimilo uma sisebenza njengesikhungo somphakathi oseceleni noma ohlukile, kanye nokuthi ukwehluka kwaso kusifaka kanjani isandla ekuvezeni izimo-binjalo ezicacile futhi ezihlukile zojele besifazane. Ikhono labo lokulawula imizwa yabo ukuze bakwazi ukwenza umsebenzi wabo ngendlela efanele kanye nokucophelela kwabo kwahlonzwa njengamathuluzi asetshenziswa ngojele besifazane ukuze bakwazi ukumelana nesimo esilukhuni, esishubile futhi esimazonzo abasebenza ngaphansi kwaso. Indima edlalwa ngumfaniswano ekubumbeni isimo-bunjalo sabo emsebenzini nayo yabonisa ingqikithi encikile esemqoka eyahlonzwa ngenkathi kwenziwa uhlaziyo. / Toenemende misdaadsyfers lei globaal tot al hoër getalle oortreders in gevangenskap, wat onvermydelik die dinamiek van dié groeiende populasie verander. Die tendens noodsaak die transformasie van korrektiewe dienste, wat gevolglik die indiensneming van vroulike korrektiewe beamptes bespoedig het. ‘n Kwalitatiewe studie is onderneem met 17 vroulike beamptes te Kgoši Mampuru II Korrektiewe Bestuursarea, Pretoria, Suid-Afrika. ‘n Interpretiewe fenomenologiese analisemetode is toegepas, met die beginsels van die Sosiale Identitieitsteorie as grondslag, om die faktore te konseptualiseer wat bydra tot werksidentiteitvorming van vroue in hierdie manlik gedomineerde sektor. Temas geidentifiseer behels die rol van die korrektiewe omgewing as sosiale instelling, korrektiewe dienste wat funksioneer as afsonderlike gemeenskap, en die besondere bydraes wat die vroulike beampte, juis deur haar uniekheid lewer. Emosionele arbeid, voortdurende waaksaamheid, asook die rol van haar uniform, is verder aangedui as betekenisvolle meganismes wat dié beamptes aanwend in ‘n uitdagende omgewing en so hul regmatige plek inneem in hierdie onkonvensionele werksmilieu. / Psychology / M.A. (Psychology)