PhD (Human Resource Management) / Department of Human Resource Management and Labour Relations / Globally, the economic, political and social environment is constantly changing, and this has posed various challenges for organisations in the world of work. South African universities have also not been spared from these changes as they are expected to meet international standards whilst operating in an environment where there are many changes in their work environment with regard to technology, language policy, decolonisation of the curriculum and globalisation. The dynamics in these aspects shape the organisational climate and psychological contracts of all institutions. Any changes in the organisational climate and psychological contracts may influence employee outcomes of organisational citizenship behaviour and intention to leave among employees. Therefore, this study responds to calls from previous studies on organisational climate and psychological contract research to investigate the role of moderators in their association with employee outcomes. There is an urgent demand for organisational leaders to practice ethical leadership and become trustworthy in order to inspire employees to exhibit organisational citizenship behaviour and reduce any intentions of leaving the organisation. The aim of this study was to examine the relationships between organisational climate, psychological contract breach and employee outcomes among university employees. It also further investigated the moderating roles of ethical leadership and trust on those relationships. Six objectives were developed based on the aims of the study. To answer the objectives of this study, the research followed cross-sectional design and a quantitative approach was adopted. A total of 202 employees were selected through stratified random sampling to participate in the study and a self- administered questionnaire was used to collect the data. The sample was made up of both academic and administration staff working in the universities. Item analysis was conducted to check the reliability of the scales and all the scales obtained acceptable Cronbach alphas. To explore the factor structure of the scales, exploratory factor analysis was conducted, and poor items were removed until a xv clear and desirable factor solution was obtained. Confirmatory factor analysis was conducted to validate the data and all the goodness of fit indexes achieved the required level. In addition, the composite reliability and average variance extracted for all scales met the required level. Moderated multiple regression analysis was conducted to measure the moderator roles of ethical leadership and trust in the organisational climate, psychological contract breach and employee outcomes relationships. The results showed that ethical leadership moderated the relationship between organisational climate and organisational citizenship behaviour (Δ R² = .078, F(3,148) = 8.994. p <.001, β = .285, p < .001); and also the relationship between psychological contract breach and organisational citizenship behaviour (Δ R² = .056, F(3,148) = 7.373, β = -.247, p < .005). However, non-significant results were found when testing the moderating role of ethical leadership in the relationship between organisational climate and intention to leave (Δ R² =.000, F(3,148) = 6.275, β =.000, p >.005); and also in the relationship between psychological contract breach and intention to leave (Δ R² = 0.03, F(3.148) = 12.878, β =.055, p > .05). In addition, the results also revealed that trust moderated the relationship between organisational climate and organisational citizenship behaviour (Δ R² =.030, F(3, 148) = 6.521, β =.175, p < .01); and also the relationship between psychological contract breach and organisational citizenship behaviour (Δ R² =.049, F(3.148) = 7.719, β = -.222, p < .001). However, non-significant results were also found in testing trust as moderator in the relationship between organisational climate and intention to leave (Δ R² =.001, F(3,148) = 10.373, β = -.022, p > .01); and also in the relationship between psychological contract breach and intention to leave (Δ R² = 014, F(3, 148) = 17.207, β =.120, , p > .05). The results provides sufficient evidence that organisational climate, psychological contract breach, ethical leadership, and trust can shape employee behavioural outcomes either positively or negatively. This study, therefore recommends that organisations should develop a strong and positive organisational climate in order to improve organisational citizenship xvi behaviour and reduce employees` intentions to leave the organisation. This is achievable with policies that speak to effective communication structure, job recognition, and career development paths. In addition, human resources managers are urged to prevent cases of psychological contract breach through providing employees with realistic overviews of the task to be performed and policy that can aid employees to air their grievances. The study further recommends the establishment of ethical corporate culture within the organisations through which only employees who meet the ethical standards of the organisation are promoted into leadership positions in order to improve the practice of organisational citizenship behaviour and in turn reduce employees` intention to leave the organisation. / NRF

The current South African legislative framework does not properly address the unequal bargaining position between employers and fixed term employees. Ineffective regulation of fixed term employment in South Africa has had the effect of excluding certain groups of fixed term employees from claiming the remedies provided in terms of the Labour Relations Act and other labour legislation. Furthermore, where remedies are applicable to them they are often ineffectual. Interpretational variation evident from case law pertaining to the enforcement of the rights of fixed term employees, indicate clear lacunae in the unfair dismissal protection afforded to these vulnerable employees. This is mainly a consequence of uncertainties related to the interpretation of the legislative provisions. The infusion of the values entrenched in the Constitution of the Republic of South Africa and the development of the common law to reflect these values might augment the scope and availability of rights enjoyed by fixed term employees. But, changing socio-economic and political circumstances necessitates review and amendment of the legislation applicable to fixed term employees to meet the country’s constitutional and international obligations. Proposed amendments to the Labour Relations Act have been tabled. These amendments may be capable of addressing some of the current problems. However, they may also lead to other undesirable consequences. An investigation into problems related to the application of similar provisions as those proposed by the Labour Relations Amendment Bill in other jurisdictions crystallises some possible causes for concern. Some of the proposed changes could create new vulnerabilities, or renew old ones. / Private Law / LL. D.

In this thesis the position of parties under a fixed-term agreement under section 14 of the Consumer Protection Act 68 of 2008 is analysed critically. The purpose of this thesis is first to establish whether parties to a fixed-term agreement are better protected in terms of section 14 of the CPA when the consumer needs to terminate the contract based on the material failure to perform by the supplier, than under the common law. Second, this thesis explores whether the maximum duration of fixed-term agreements should be limited by statute. Various aspects affecting parties to these agreements, for instance the freedom to contract, pacta servanda sunt, and standard-form agreements, are considered. The South African position is then compared to the position in Singapore under the Consumer Protection (Fair Trading) Act, and to the United Kingdom under the Consumer Rights Act, to gain perspective and objectively evaluate the provisions of section 14 of the Consumer Protection Act 68 of 2008 to establish whether South Africa can benefit from lessons learnt from these jurisdictions. Finally, principle-based amendments to the provisions of the CPA are recommended to improve the position of the consumer under fixed-term agreements to effect best practice solutions and ensure adherence to the aims and purposes of the Consumer Protection Act 68 of 2008 and international guidelines. This thesis is based on the law as at 18 June 2020, found in sources available in South Africa, and Singaporean law available in the database of the National University of Singapore. / Hierdie proefskrif is ’n kritiese analise van die posisie van partye tot vastetermynkontrakte ingevolge artikel 14 van die Suid-Afrikaanse verbruikersbeskermingswetgewing, die Consumer Protection Act 68 van 2008 (CPA). Die doel van die analise is eerstens om vas te stel of partye tot ’n vastetermynkontrak ingevolge artikel 14 van die CPA beter beskerming geniet ingevolge die CPA wanneer die verbruiker die vastetermynkontrak moet beëindig weens die wesenlike wanprestasie deur die verskaffer, as ingevolge die gemenereg. Tweedens ondersoek die proefskrif of dit wenslik is dat die maksimum duur van vastetermynkontrakte deur wetgewing beperk word. Verskeie aspekte wat die posisie van partye tot vastetermynkontrakte beïnvloed word ondersoek, onder andere kontrakteervryheid, die leerstuk pacta servanda sunt en standaardkontrakte. Die Suid-Afrikaanse posisie word dan vergelyk met dié in Singapoer, ingevolge die Consumer Protection (Fair Trading) Act (CPFTA), en die Verenigde Koninkryk, ingevolge die Consumer Rights Act (CRA) om perspektief te kry op die studie, en ten einde die bepalings van artikel 14 objektief te oorweeg om vas te stel of Suid-Afrika kan kersopsteek by hierdie jurisdiksies. Laastens word voorstelle gemaak om die posisie van die verbruiker tot vastetermynkontrakte ingevolge die CPA te verbeter om beste gebruikspraktyke te implementeer, en te verseker dat die doelwitte van die CPA en internasionale verbruikersriglyne bereik word. Hierdie studie weerspieël die regsposisie soos op 18 Junie 2020 in bronne wat plaaslik beskikbaar is, asook in bronne aan my beskikbaar gestel deur die Nasionale Universiteit van Singapoer tydens ’n navorsingsbesoek daar. / Kule thesisi isimo sezinhlangano ezingaphansi kwesivumelwano sesikhathi esinqunyiwe, ngaphansi kwesigaba 14 koMthetho 68 ka 2008, uMthetho weZokuvikelwa koMthengi uhlaziywa ngendlela egxekayo. Inhloso yalolu cwaningo ukusungula ukuthi mhlawumbe lezi zinhlangano ezingaphansi kwesivumelwano sesikhathi esinqunyiwe sivikeleke kangcono ngaphansi kwesigaba 14 se-CPA uma kunesidingo sabathengi sokuqedwa kwesivumelwano esencike phezu kokwehluleka ukwenza umsebenzi waloyo ongumthumeli wempahla, okwehlukile emthethweni owejwayelekile. Okwesibili, le thesis iphenya ukuthi mhlawumbe isikhathi isikhathi esinde sesivumelwano sesikhathi esinqunyiwe kufanele sincishiswe ngokomthetho oshayiwe. Izinto ezahlukahlukene ezithinta lezi zivumelwano, njengesibonelo, inkululeko yokungena esivumelwaneni pacta servanda sunt, kanye nesivumelwano ezingaguquki, kuyizinto ezibhekwayo. Isimo seNingizimu Afrika siqhathaniswa nesimo sezwe laseSingapore ngaphansi koMthetho wezokuVikelwa kwabaThengi (Fair Trading), kanye nasezweni laseUnited Kingdom ngaphansi koMthetho owaMalungelo abaThengi, ukuthola umqondo kanye nokuhlola izimiso ngaphansi kwesigaba 14 soMthetho 68 ka 2008, uMthetho oVikela abaThengi ukuthola ukuthi ngabe iNingizimu Afrika kukhona ekuzuzile kwizifundo ezifundwe kulezi zakhiwo zemithetho. Okokugcina, izichibiyelo ezisuselwe kwimigomo mayelana nalokho okushiwo yi-CPA inconywe ukuthi yenze ngcono isimo sezinhlangano ezingaphansi kwezivumelwano zesikhathi esinqunyiwe ukuletha izisombululo ezingcono kanye nokuqinisekisa ukuthi kulandelwa izinhloso kanye nemisebenzi yoMthetho 68 ka 2008, okunguMthetho oVikela abaThengi kanye nemihlahlandlela yezizwe zomhlaba. Lolu cwaningo lususelwe phezu komthetho kusukela mhla zi 18 uNhlangulana 2020, luyatholakala emithonjeni yaseNingizimu Afrika, kanye nomthetho waseSingapore uyatholakala emthonjeni yedatha yaseNational University of Singapore. / Mercantile Law / LL. D.

The aim of the thesis was to critically compare termination of contracts in South Africa, England and the CISG. It was found out that South Africa prefers to use the term cancellation because it is a remedy of last resort. The problem with cancellation is that is a drastic step of bringing the transaction to an abrupt and premature end, which is only used when a material breach occurs. English law uses the term discharge as it refers to the ending of the obligations under the contract when a breach occurred and represents the point at which one party is no longer bound by its’ contractual obligations and claims damages. Chapter 3 argued that though discharge goes beyond cancellation it does not cater for diverse domestic rules which need uniform international laws. Chapter 4 discussed and argued that avoidance is a term that was chosen by the CISG to end a contract when a fundamental breach occurs. There were problems on interpretation of terms and use of diverse domestic rules. The advantage of the term avoidance is that it is a technical term adopted and given a uniform meaning in the CISG where interpretation of terms and diverse domestic rules did not apply. Avoidance furthermore comprised concepts of rescission and termination. From the above it was argued that South Africa needs to develop new terms for termination of a contract and create new laws along the lines of the CISG. / Private Law / LL. M.