Thesis (doctoral)--Universität zu Köln.

No abstract available / Dissertation (LLM)--University of Pretoria, 2014. / Mercantile Law / unrestricted

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013

CEO dismissal is one of the most theoretically interesting topics in strategic management. Previous studies have noted that the extent of control over CEOs exercised by outside directors and senior executives plays an important role in affecting the relationships between relevant organizational characteristics (i.e., organizational performance, CEO-board personal ties, and CEO-senior executive dissimilarity) and the likelihood of CEO dismissal. Drawing on an institutional perspective, this study proposes that national institutions concerning investor protection, individualism, and power distance shape how outside directors and senior executives exercise control over CEOs. As such these national institutions would moderate the relationships between the relevant organizational characteristics and the likelihood of CEO dismissal. To test the hypotheses derived from the above assertions, the present study deploys the data from a sample of 1733 public companies across 20 countries from year 2005 to 2009. The empirical evidence confirms the moderating role of national institutions in CEO dismissal. / Li, Weiwen. / Adviser: Yuan Lu. / Source: Dissertation Abstracts International, Volume: 73-04, Section: A, page: . / Thesis (Ph.D.)--Chinese University of Hong Kong, 2011. / Includes bibliographical references (leaves 143-155). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. [Ann Arbor, MI] : ProQuest Information and Learning, [201-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest dissertations and theses, [201-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract also in Chinese.

Before the introduction of the concept of constructive dismissal in the LRA, the old industrial courts relied on the strides made in this field by the English and American courts. Constructive dismissal is the fourth type of dismissal and it is instituted by the employee through his/her resignation, unlike the other three types of dismissals which is instituted by the employer. Section 186(e) of the LRA defines constructive dismissal as the termination a contract of employment with or without notice by the employee because the employer made continued employment intolerable for the employee. With a fundamental breach in the contract of employment employees have a choice to either base their claims on constructive dismissal in the LRA or repudiation of the contract in common law, depending on the circumstances. Landmark judgments like Jooste v Transnet and Pretoria Society for the Care of the Retarded v Loots set the tone for constructive dismissal law in South Africa. It introduced the concept of intolerability as well as looking at the employer‟s conduct as a whole and judging it reasonable. The test for constructive dismissal throughout the evolution of case law in South Africa has not changed. Constructive Dismissal under the common law is also discussed in depth by looking at the landmark judgment of Murray v Minister of Defence. Sexual Harassment in the workplace is of a growing concern. If continued sexual harassment makes continued employment intolerable, the employee subjected to the harassment has the option of resigning and approaching the CCMA or bargaining councils, and claim that they have been constructively dismissed. Cases such as Payten v Premier Chemicals and Gerber v Algorax (Pty) Ltd really shows us how difficult it is to proof constructive dismissal as a result of sexual harassment because in most instances there won‟t be witnesses and it would be a case of he said, she said. These cases also show us that it can be proven based on a balance of probabilities. Grogan states that in dismissal proceedings, the onus is on the employees to prove that they were in fact dismissed and on the employer to show that the dismissal was fair. Section 192 of the LRA places another burden on the employee that requires him to not only prove the existence of a dismissal, but also that the conduct of the employer was intolerable. Unlike normal dismissal cases, commissioners generally award compensation as a remedy for constructive dismissal. A claim by an employee for reinstatement would be contradicting a claim that the employment relationship became intolerable and an award for reinstatement would be very inappropriate in a case of constructive dismissal. In short, unlike a normal dismissal, a constructive dismissal is a termination of the employment contract by the employee rather than the employer‟s own immediate act.

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2014 / Constructive dismissal comes into the equation when an employer behaves in such a manner that eventually and ultimately leads to the employee, being the receiving party, in the employment relationship, to terminate the employment contract. This termination must be the direct result of the conduct of the employer that irreparably frustrated the relationship and made it impossible for the employee to remain in the service of the employer in question. The law of constructive dismissal requires a balance between the competing interests of employees and employers. The employee is the one who makes the claim and determines whether to accept the changes made to his position or to resign and seek damages for wrongful dismissal. A factor which creates further uncertainty is that the employee also controls when to make the claim. Although the employee has greater control over constructive dismissal claims, an employer can take steps to limit the risk of an employee making a claim of constructive dismissal.

[Abstract]: This study identifies statistically significant associations between unfair dismissal arbitration decisions and inherent characteristics pertaining to the unfair dismissal claims. The inherent characteristics examined are the industry sector in which the employee worked, the occupational skill level of the employee’s position, size of the business, presence of human resource expertise within the business, the reason for dismissal, and the genders of both the employee and arbitrator. This research contributes to the body of knowledge on grievance activity within the workplace. It focuses specifically on arbitrated grievances and as such, AIRC unfair dismissal decisions are investigated as an exemplar of arbitrated grievance activity. This study is within an Australian context which may limit its world-wide generalisability but its strength is that it addresses across industry and across occupational data.Empirical analysis is undertaken using data collected from unfair dismissal arbitration decisions made by the AIRC during 2004 and 2005. Three hundred and eighty-four (384) cases are analysed, with 34.4% of the arbitration findings occurring in the grievant’s favour and 65.6% in the employer’s favour. It is noted that this figure is inflated in the employer’s favour because it includes cases lodged and later rejected by the commission for jurisdictional reasons. The split counting the 274 within jurisdiction cases is 51.8% in the employer’s favour and 48.2% in the grievant’s favour. The results of chi-square tests indicate that six characteristics have statistically significant association with the arbitration outcome. These characteristics are: occupational skill level of the grievant; the size of the business; the presence of HR expertise; the reason dismissed; the grievant’s gender; and the arbitrator’s gender. No association was found between the industry sector and arbitration decision, although there is a significant association between industry sector and jurisdictionally rejected claims.The collective finding of the hypotheses tests suggests that the type of aggrieved employee associated with a favourable arbitration outcome is one from an organisation of between 50 and 100 employees without an HR expert, working in a lower skilled occupation, having been made redundant, is female and appears before a male arbitrator. Whereas, the type of employer associated with a favourable arbitration outcome is one who has either up to 50 staff, or over 200 staff with an HR expert, who dismissed a male employee working in a higher skilled occupation for serious misconduct with the case before a female arbitrator.A major policy implication of this research relates to the Rudd government’s proposed legislative reforms of the unfair dismissal provisions. This study identifies disadvantaged groups of workers when it comes to dismissal practices of employers, namely employees from businesses of 50 to 100 workers and lower skilled workers. Identified also was the need for training for businesses to enable them to engage in procedurally fair redundancy processes and for gender bias awareness for arbitrators. In terms of further research, this study provides the foundation for predictive statistical analysis. The variables suitable for further analysis are occupational skill level, business size, reason for dismissal and gender in relation to their influence on the arbitration outcome. Additional descriptive research could also be conducted in terms of conducting international comparatives with a view to identifying the outputs that different legislation/arbitration frameworks produce for workers and employers.

Living the Brand has become a useful Human Resources strategy in post-Fordist organisations. This is due to globalized competition and decreased control structures leading to organisations needing to obtain ever higher levels of productivity and performance from highly skilled knowledge workers. Because of the nature of their work, knowledge workers are difficult to manage and control through traditional practices and are usually looking for more than just monetary remuneration. Living the Brand organisations provide a strong social identity, positive self-esteem and a sense of achievement to these employees. This small-scale qualitative study used inductive thematic analysis to investigate the after-effects of Living the Brand, using knowledge workers who had been retrenched from such organisations. The results show that the positive aspects of Living the Brand comes at the expense of the employees‟ social identity outside of the organisation. These include the identification with family, as well as their health and a sense of self beyond the organisation. As one can see in this study, this power imbalance, along with an increasingly unbalanced psychological contract, is a reality that was only truly realized by the employees after being retrenched from the organisation. Unfortunately Durban does not have a plethora of Living the Brand organisations, which in turn limits the available sample of research participants. This meant that the findings may not be applicable across cultures, and that the participants had all had several years to come to terms with their retrenchment. Further studies using a wider spectrum of participants are suggested, including those who have been more recently retrenched. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Durban, 2010.

The thesis examines the nature and extent of protection available to "whistleblowers", employees who disclose to outside bodies wrongdoing or malpractice at work. It begins with a consideration of the philosophical basis for providing protection for such employees. The legal rights of the whistleblowing employee in English law are then considered. In chapter three case law on the duty of confidence is examined and conclusions drawn on its application to employees dismissed for blowing the whistle, with particular reference to whether disclosure of information involves a breach of the employment contract. The general law on unfair dismissal is examined in chapter four to determine the extent to which an employee can claim that a dismissal for raising a concern is unfair. Protection for whistleblowing on specific issues such as race or sex discrimination, and health and safety issues is considered in chapter five. International standards governing the protection of the right to freedom of expression, in particular Article 10 of the European Convention on Human Rights, are examined in chapter six. Chapter seven comprises a comparative study of the protection available to employees who blow the whistle in the USA, where protection exists for whistleblowers both at a constitutional level and in specific legislation. A case study is included in chapter eight in which the position of employees in the National Health Service is examined in detail, with regard to their contractual position and the practical difficulties faced by those who wish to raise concerns about matters at work. A fundamental distinction drawn throughout the thesis is between two types of whistleblowing: "watchdog" whistleblowing, referring the raising of concerns about immediate threats to health and safety or of serious financial loss; and "protest" whistleblowing, referring to the participation of employees in debate on matters that are in the public interest, using specialist informztion gained from their employment. The recognition of these two forms of whistleblowing aids the analysis of the limitations of the legal protection as well as proving useful in the determining the scope of proposed reform. The argument is made that the protection currently available is inadequate and the thesis ends with proposals for legal reform.

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