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published_or_final_version / Economics and Finance / Master / Master of Economics

The order of interview questions during the interview may influence candidate ratings, giving an unfair advantage to some candidates. This study was done to test the effect of the interviewer's need for cogniton, the desire to use cognitive energy, on primacy and recency effects during the employment interview. A transcript of competency-based behavior description interivew questions was given to nearly 300 participants. Evidence was found for recency effects only, and no significant differences were found that could be attributed to the interviewer's need for cognition.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2012 / Indirect discrimination is a concept which originated from the United States of America. The concept came about after the failure of anti- discrimination legislation to improve the position of Black Americans, particularly in the employment field. The legislature realized that there are structural practices and policies, in the employment field which affect certain racial groups negatively. These practices of discrimination were not clearly defined hence the meaning and interpretation of the concept was left to the administrative body, the Equal Employment Opportunity Commission (EEOC) and the courts. The concept was imported into the South African jurisprudence after the inception of the government of National unity in 1994. The new government was committed to bring to an end all forms of discrimination which were in the past practiced against the Black community. Section 9(3) of the Constitution of South Africa Act 1996 (Act 108 of 1996) proscribed direct and indirect discrimination. These sections served as the basis for sections 6(1) of the Employment Equity Act 1998 (Act 55 of 1998) which proscribes “unfair direct and indirect discrimination” in any employment policy or practice. Its scope is wide and allows Plaintiffs to prove their claims in jurisdictions where it could have been very difficult for them to do so. While in the United States, statistical evidence is required to prove indirect discrimination, this is not the case in South Africa as seen in the landmark case of v Leonard Dingler Employee Representative Council v Leonard Dingler (PTY) LTD (1998) 19 ILJ 285 (LC). In this case when the Court gave its decision it simply relied on the facts of the case instead of complicated statistical evidence. Seemingly this will apply only in more obvious cases. In more complicated cases, Plaintiffs will still need to submit statistics to prove their claim.

There is no abstract available for this dissertation. / Department of Educational Leadership

This thesis analyses the relation between the phenomenon of job scarcity and discrimination against women in the labour market. Job scarcity, that is the inadequate quantity of available jobs relative to the number of persons able to hold them, which is a chronic problem, has played an important role in the development of discrimination. The hypothesis of the thesis is that a positive relation exists between discrimination against women and job scarcity: as employment opportunities deteriorate discrimination intensifies. / The thesis verifies the discriminatory effects of job scarcity by examining the process of job allocation in the economy. An historical study covering the end of the last century to the crisis of the 1930's is the vehicle used to examine the employment rationing mechanisms that consolidated discriminatory practices.

This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.

Issues concerning employment are some of the most serious issues of our time. But it is in the last two decades or so that these started receiving consideration. For instance, South Africa has experienced changes in the landscape of employment relations in organisations in the last decades. And no area of South Africa law is more critical than the prohibition of unfair discrimination, especially in the workpalce. The enactment of the Constitution brought about the need to eradicate unfair discrimination in the workpalce. Section 9 of the Constitution states that no person may unfairly discriminate directly or indirectly against anyone and that national legislation must be enacted to prevent or prohibit unfair discrimination. To enforce this, certain legislations like the Labour Law Act, Employment Act, Promotion of Equality and Prohibition of Unfair Discrimination Act (Equality Act), were enacted to give effect to the equality provision of the Constitution. In a similar vein, in Nigeria, workplace discrimination which is at the top of human rights violation perpetrated by employers of labour is of paramount concern to legislators and the government. Sex , age, ethinicty, religion, trade union membership and political opinion are some of the grounds upon which workers may not be discriminated against in Nigeria. Section 17 of the Constitution states that the State social order is founded on the ideals of freedom, equality and justice. It goes on to provide that every citizen shall have equality of rights, obligations and opportunities before the law. More specifically, the section stipilates that the State shall ensure that all citizens, without discrimination of any group whatsoever, have the opportunity of livehood as well as adequate opportunity to secure suitable employment and that there is equal pay for equal work without discrimination on account of sex, or any ground. Hence, there are The Nigerian Labour Act, the Federal Character Commission, etc that are saddled with the responsibility of addressing unfair discrimination and giving force to the provision of the Constitution. Despite the anti-discrimination laws and provisions made available in both countries, it is still alarming to see that unfair discrimination in the workplace is still on the increase. This, as will be discussed later, is probably due to factors such as lack of communication, long-stading patterns of educational inequalities that have resulted in inequalities in manpower, differences in drive, motivation, cultural disposition and geographical opportunities, racial difference and ethnicity, domination of one group by the other, etc. This research will briefly focus on the comparison between the approaches to unfair discrimination in employment between South Africa and Nigeria. It will discuss the development of unfair discrimination, grounds on which it is perpetrated, defences relating to unfair discrimination, and anti-discrimination laws put in place by the two jurisdictions to curb discrimination, as well as suggest on how to forestall unfair discrimination.