Thesis (M.Law) -- University of Limpopo, 2007 / Refer to document

The South African Schools Act of 1996 mandates the establishment of School Governing Bodies (SGBs) in all schools with grade eight and higher. Amongst others, the SGB has the authority to develop a Code of Conduct for learners in a school. This study includes a literature review of discipline in schools, the functions of SGBs, the development and implementation of a Code of Conduct by the SGB. A qualitative investigation of the perceptions of parents, educators and learners, of discipline and dealing with misbehaviour was conducted in three secondary schools in the North-West Province. It was established that role-players differed in their understanding of coming to a common understanding of what to include in a Code of Conduct. It seems as if measures to deal with misbehaviour are often in violation of the Bill of Rights in the Constitution. Based on the findings, recommendations for addressing discipline by means of a Code of Conduct were proposed. / Educational Studies / M. Ed. (Education Management)

The South African Schools Act of 1996 mandates the establishment of School Governing Bodies (SGBs) in all schools with grade eight and higher. Amongst others, the SGB has the authority to develop a Code of Conduct for learners in a school. This study includes a literature review of discipline in schools, the functions of SGBs, the development and implementation of a Code of Conduct by the SGB. A qualitative investigation of the perceptions of parents, educators and learners, of discipline and dealing with misbehaviour was conducted in three secondary schools in the North-West Province. It was established that role-players differed in their understanding of coming to a common understanding of what to include in a Code of Conduct. It seems as if measures to deal with misbehaviour are often in violation of the Bill of Rights in the Constitution. Based on the findings, recommendations for addressing discipline by means of a Code of Conduct were proposed. / Educational Studies / M. Ed. (Education Management)

This Doctoral thesis entitled the Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa, focusses on individual labour law principles of fair labour practices entrenched in section 23(1) of the Constitution. The thesis deals with fairness in situation where an employee who is suspected of committing a criminal act is investigated and subsequently goes through a disciplinary hearing for dismissal. It determines the extent to which an employee’s criminal guilt is decided before dismissal. As such, the thesis is based upon South African judicial interpretation of the right to fair dismissal. In the process the thesis examines the application of principles informing the employer’s duty to provide fair reason concerning the dismissal of employees criminal suspects. In examining if employers observe constitutional transformative objective when conducting criminal investigations and disciplinary hearings - the thesis reviews the extent to which the employer respects constitutional rationales of equity based on the principles of natural justice. These natural justice principles are the basis upon which section 23(1) fairness is founded. Section 23 (1) is implemented through the LRA provisions. The thesis then concludes that, only one principle of natural justice - audi alteram partem is respected within employer flexibility-based fairness while the other principle - nemo judex in propria sua causa is ignored. It is this denial that causes serious procedural challenges in the quest for equity intended in section 23(1) fair labour practices. It is upon these foundational equity concerns that this thesis opposes the flexibility in employer’s criminal investigations and disciplinary hearing processes entrenched in item 4 (1) of Schedule 8 of the LRA fair procedure for dismissal of employees suspected of criminal acts. The thesis interlinks labour law and criminal law to advocate for the missing constitutionally justiciable fairness for employees who have committed criminal misconducts. It argues that the current judicial interpretation of labour law fairness is based upon the principle of flexibility underlying dismissals, asserting that fairness based on flexibility breeds informal procedural processes which exempt employers from observing crucial constitutional fairness principles expressed through proportionality-based prescripts. The thesis concludes that the practice of including the right against self-incrimination in employment law, done in other common law countries be introduced into the South African labour law through section 39 of the Constitution so that the identified procedural challenges are regulated. / Mercantile Law / LL.D.