Human immunodeficiency virus and acquired immune deficiency syndrome (hereafter HIV/AIDS) in South Africa are epidemic virus and disease respectively, item 1.1 of the EEA Code of Good Practice on Key Aspects of HIV/AIDS and Employment, 2000 states that HIV/AIDS are serious public health problems, which have socio-economic, employment and human rights implications on the society, employees inclusive. The Constitution of the Republic of South Africa, 1996, Employment Equity Act 55 of 1998, Labour Relations Act 66 of 1995 and Promotion of Equality and Prevention of Unfair discrimination 4 of 2000, international and regional instruments and standards provide protection to HIV positive employees in the workplace. Notwithstanding this plethora of legislation, employees are still faced with the problems of being stigmatised, unfairly discriminated against and ultimately dismissed from work for being HIV positive. Employees are subjected to HIV testing and the information about their HIV statuses is still being disclosed without their informed consent and their right to privacy and confidentiality may be violated. These possible violations of employees’ rights may affect the economy of the country. When employees are dismissed, the amount of production and profits for the employers decrease and as a result the government loses tax revenue, the unemployment and poverty rates increase. Hence it is imperative to investigate the problems of stigmatisation, unfair discrimination and dismissals in order to see to what extent are employees’ rights protected. There will be a comparative study in Canada which is experiencing the same problems as South Africa in order to find out how Canada can provide solution to South African problems. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Human immunodeficiency virus and acquired immune deficiency syndrome (hereafter HIV/AIDS) in South Africa are epidemic virus and disease respectively, item 1.1 of the EEA Code of Good Practice on Key Aspects of HIV/AIDS and Employment, 2000 states that HIV/AIDS are serious public health problems, which have socio-economic, employment and human rights implications on the society, employees inclusive. The Constitution of the Republic of South Africa, 1996, Employment Equity Act 55 of 1998, Labour Relations Act 66 of 1995 and Promotion of Equality and Prevention of Unfair discrimination 4 of 2000, international and regional instruments and standards provide protection to HIV positive employees in the workplace. Notwithstanding this plethora of legislation, employees are still faced with the problems of being stigmatised, unfairly discriminated against and ultimately dismissed from work for being HIV positive. Employees are subjected to HIV testing and the information about their HIV statuses is still being disclosed without their informed consent and their right to privacy and confidentiality may be violated. These possible violations of employees’ rights may affect the economy of the country. When employees are dismissed, the amount of production and profits for the employers decrease and as a result the government loses tax revenue, the unemployment and poverty rates increase. Hence it is imperative to investigate the problems of stigmatisation, unfair discrimination and dismissals in order to see to what extent are employees’ rights protected. There will be a comparative study in Canada which is experiencing the same problems as South Africa in order to find out how Canada can provide solution to South African problems. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

The aim of this thesis is to describe the process of outplacement and its impact on redundancies. The first chapters are devoted to the dismissal of employees, their consequences and corporate social responsibility. The next part is devoted to defining the concept of outplacement, its history, content, form and process. The last and main part of this thesis deals with the psychological aspects of layoffs and outplacement and their connection with psychological counseling. The empirical part focuses on the contribution of individual outplacement for redundant employees and evaluate its effect on the mental state of these employees during and at the end of outplacement project. Key words Outplacement, redundancies, dismissals consequences, psychological aspects of redundancy and outplacement, corporate social responsibility

This thesis consists of an introductory chapter and four self-contained papers on temporary work agenciesand the economic analysis of law. Paper [I] adds to the theoretical literature on the incentives of Temporary Work Agencies (TWAs). Using aprincipal-agent model with hidden action to model two main types of contracts between a TWA and a ClientFirm (CF), the TWA is shown to potentially act against the best interest of the CF when helping to fill avacant position. The results also suggest that the adverse effect of the incentive misalignment is larger whenthe worker is going to be leased instead of hired by the CF. However, this effect could potentially be offsetby introducing a sufficient level of competition among the TWAs. Paper [II] uses individual-level data on young adults to estimate how the probability of being employed inthe Swedish temporary agency sector is affected by whether a partner or other family member has experienceof temporary agency work. The results show a significant effect from all peer groups of a magnitude thatcorrespond to the other most influential control variables. We also find that this cohort of the agency sectorhas a relatively high education level compared to the regular sector, and that there are predominately menworking in thissector. Paper [III] analyses possible effects on total employment, and the distribution between agency work andregular contracts as a consequence of the implementation of the EU Temporary and Agency Workers Directive in Sweden. The analysis is based on changes in the compensation to agency workers in a calibratedextension of a Mortensen-Pissarides search model. Even though the results suggest a negative net effect ontotal employment, the implementation is shown to increase (utilitarian) welfare, and an increased transitionprobability from the agency sector into regular employment will increase welfare even further. Paper [IV] focuses on settlement probabilities for different types of representation within the Swedish LabourCourt. Empirical estimates on a set of unjust dismissal cases show that private representatives are generallyless likely to reach a settlement than their union counterparts. The settlement probabilities converge following court-mandated information disclosure, which suggests that information asymmetry is an importantfactor in explaining differences in settlement behaviour. Privately instigated negotiations are therefore ingeneral insufficient for making cases with non-union representation reach the same settlement rate as caseswith union representation.

Magister Legum - LLM / In this mini-thesis, I will present a historical development of the manner in which South African courts have tested the fairness of dismissals, for misconduct. South African Labour history has been marred by confusion and inconsistency in relation to the test to be adopted in determining the fairness of dismissals. This has been so, because there have been two dominant schools of thought, one referred to as the ‘own opinion’ approach, whereby the commissioner/court has the discretion to express his/her own view based upon value judgments on the fairness of the dismissal. The other approach is known as the reasonable employer test ( ‘ defer to the employer’ approach), whereby the commissioner had to defer to the decision of the employer, unless the dismissal is one that no reasonable employer would impose, or is so excessive that it would shock one’s sense of fairness, then the commissioner may interfere.This thesis will reveal the inconsistency that has been caused, by these two approaches, and the South African courts dissent as to the approach consistent with our law. This dissent, as shall be shown in this thesis, has led to our courts contradicting themselves as to the test consistent with the law.There will be a critical discussion on the source of the reasonable employer test and its application in South Africa during the Labour Relations Act 28 of 1956 ( old LRA ) and the Labour Relations Act 66 of 1995 ( new LRA). With a further discourse on the development of the ‘own opinion’ approach during the periods of both the old LRA and the new LRA.This will lead to me looking at the provisions of the South African Constitution, together with the meaning of the right to fair labour practice as provided in the Constitution. Based upon a critical analysis of past jurisprudence, the provisions of the ILO Convention, the provisions of the old LRA and new LRA, foreign law and the Constitutional imperatives, I will attempt to illustrate the approach most consistent with our law.This thesis will culminate with a critical analysis of the Supreme Court of Appeal’s judgment, in the case of Rustenburg Platinum Mines Ltd vs Commission for Conciliation, Mediation and Arbitration and the ruling of the Constitutional court in Sidumo and Another v Rustenburg Platinum Mines Ltd and Others.The purpose of providing this historical journey, is to further highlight the rulings of past judgments, that have developed the concept of fairness, as was consistent with the Constitution. It is envisaged that the body of judgments cited in this thesis, may be used as authority, whenever the issue of determining the fairness of dismissal for misconduct arises, before a court or tribunal, such as the Commission for Conciliation Mediation and Arbitration(CCMA). It is may further be used by employers and employees, in obtaining clarity of the law in relation to the test for fairness of dismissals for misconduct.

This dissertation serves as a legal analysis of a crucial labour issue, namely old age and retirement, which inevitably affects, or at least concerns, all employees, this dissertation will concentrate on the legal analysis of the principles which currently regulate the fairness of any termination of employment due to an employee reaching a certain age. The subject is deemed to be both relevant and actual, due to the relatively new amendment to one the Social Assistance Amendment Act, Act number 6 of 2008, whereby the retirement age of men has periodically been lowered from 65 to 60. The introduction to the last mentioned Act states to purpose of the Amendment Act, namely: “To amend the Social Assistance Act, 2004, so as to regulate afresh the eligibility of men for an older person's grant”. This inevitably had an impact on employers’ policies, relevant contractual clauses and the operational aspects of many businesses. Our society needs to protect the norms of fairness in not only the dismissal of employees, but also with regard to pre-employment interviews, advertisements, requirements set by labour brokers, etcetera. Any such similar study will inevitably lead to the question of what the most severe sanction could be when it is ruled that a dismissal is automatically unfair. The issue of retirement is a constitutionally enshrined and protected right and The Labour Relations Act honours this right by also providing “double the protection” against discrimination merely due to old age. This dissertation will concentrate on the latter part of the scale of unfairness, namely automatically unfair dismissals, which inevitably leads to a study of that fine line or balance between unfairness of a dismissal, which is not based on any arbitrary discriminatory ground as opposed to those dismissals which are. Firstly, the starting point is the pre-requisites / requirements for dismissal. Secondly distinction in labour law between “unfair dismissal” and “automatically unfair dismissal” is focused on. This entails a look at the meanings as set out in Sections 186 (1) and Section 187, especially Section 187 (1) (f). Thirdly a study of the Employment Equity Act’s prohibition of unfair discrimination as set out in Chapter II, Sections 5 to 11 will provide more clarity on the reason why not only the Labour Relations Act deals with or should deal with discrimination. Fourthly, the Social Assistance Amendment Act’s amendment of retirement age for males and the impact on the labour market in the RSA will be examined Thereafter, a brief comparison of certain countries’ legislation, practice and procedure on unfair discrimination due to old age, will be set out. It is the author of this dissertation’s objectives to:. <ul> (i) attempt to bring the impact of the Social Assistance Amendment Act, Act number 6 of 2008, to the attention of South African employers, employees and the State; (ii) highlight the need for employer’s to tread carefully when dealing with aspects which may easily be deemed to be automatically unfair; (iii) clarify the murky waters between fair dismissals and automatically unfair dismissals; (iv) present the cases “walking the tightrope” to provide more clarity and insight into the reasoning of Commissioners and Judges; (v) elaborate on the compulsory referral of automatically unfair dismissals to the Labour Court; (vi) Analyse the relevant Constitutional clauses and consequences of contravention thereof; (vii) Point out all relevant aspects of the Prevention of Unfair Discrimination Act, Act number 4 of 2000; (viii) Shine a spotlight on the expanding realm of Social Security and the impacts thereof on this topic of discussion and ‘visa versa’; (ix) Attempt to provide answers to the self-posed question of whether or not the gap between unfair and automatically unfair dismissals should be broadened or narrowed, and; (x) take a brief, critical look into the cost effectiveness and accessibility of employees to our tribunals and Courts to satisfy employees that their rights are indeed easily enforceable. </ul> / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The thesis Sexual Harassment in the Media on the Example of American Television Fox News aims to describe the sexual harassment affair in the American television company Fox News and compare it with similar cases in other American media organizations. The 2016 case led to the dismissal of Roger Ailes, the company's longtime director, and set off a wave of accusations of sexual harassment in other media, leading to the discrediting of several moderators and prominent figures in the American media. The main goal is to find out whether sexual harassment is a known, systemic phenomenon in America or not. Sexual harassment is also associated with the world-wide anti-sexual harassment movement Me Too, which emerged shortly after the Ailes scandal broke out. Therefore, I want to refute or confirm the hypothesis whether most cases of sexual harassment in the media began to appear only after Me Too became a world-famous movement. The main research method is a search of selected media, such as the New York Times, which has dealt extensively with the case. One of the main results should also be to find out whether harassment has always led to the release of the culprit and whether the victims have received apology or compensation from the media.

La négociation collective n’est plus étrangère à la règlementation des grands licenciements collectifs nécessitant l’établissement d’un plan social. Depuis une vingtaine d’années, son rôle dans l’entreprise se renforce. La négociation collective d’entreprise s’est ainsi emparée de dispositifs procéduraux instituant le cadre d’une information-consultation des représentants du personnel ou encore des garanties d’évitement et d’accompagnement des licenciements. L’instauration par la loi n°2013-504 du 14 juin 2013 de la possibilité d’un plan social négocié par les organisations syndicales représentatives dans l’entreprise marque un tournant. Celles-ci participent désormais à la décision de gestion des conséquences sociales d’un projet de licenciement collectif pour motif économique. Cette négociation décisionnelle est source d’innovations dans la procédure interne mais aussi externe encadrant la mise en œuvre des grands licenciements collectifs. L’évolution de leur encadrement vers un droit négocié dans l’entreprise est affermie et constitue l’objet de la recherche conduite dans la présente thèse. / The collective bargaining of redundancy plan related to collective dismissals The collective bargaining is now part of the regulation of collective dismissals requiring the establishment of a redundancy plan in companies. Its role in companies have been getting stronger during the past thirty years. Thus, collective bargaining in companies seized the procedural rules linked to the framework of information and consultation of representatives but also relating to guarantees of avoidance and social assistance to dismissals. A real watershed was marked thanks to the enactment of the 14th June 2013 (n°2013-504) law. Indeed, this law ensures employment protection by offering the possibility to trade unions that represent workers in companies to negotiate the redundancy plan. These trade unions are now involved in the managerial decision determining the social consequences of collective dismissals for economic reasons. This collective bargaining that applies to a specific decision process generates innovations in the internal and external procedure setting up the framework of collective dismissals. The evolution of the redundancy controls, which are now oriented towards a negotiated right in companies, is reinforced. This constitutes the subject of the researches that are conducted in this thesis.

The protection against dismissal in the evolution of the Constitutional Court jurisprudenceThis paper is based on the analysis of the job security schemes embodied in the Constitutions of 1979 and 1993, so as to point out the evolution of the protection granted by the constitutional system against unlawful dismissal and the legal application thereof to the models of restitutory protection (reinstatement) or compensatory protection (indemnification). Then, an analysis is made with respect to the options covered in this field by the international treaties executed by Peru and the evolution of different constitutional case law. Thus, judgments in which restitutory protection was initially oriented to outlaw the dismissal that violates fundamental rights are examined, in comparison to recent rulings in which such protection is granted against unlawful dismissal, resulting in a labor stability model different from the one set forth by the 1993 Constitution. / El presente trabajo parte por analizar los esquemas de estabilidad laboral recogidos en las Constituciones de 1979 y 1993, con el fin de advertir la evolución de la protección otorgada por el ordenamiento constitucional frente al despido ilícito y su plasmación legal en modelos de tutela restitutoria (reposición) o resarcitoria (indemnización). Seguidamente, se evalúan las opciones que sobre esta materia recogen los tratados internacionales suscritos por el Perú para luego tratar la evolución de la jurisprudencia constitucional. Así, se examinan pronunciamientos en que la tutela restitutoria estuvo inicialmente orientada a proscribir el despido que agravie derechos fundamentales, para luego analizar fallos recientes en los que se concede dicha tutela frente al despido injustificado, configurándose, por esta vía, un modelo de estabilidad laboral distinto al establecido por la Constitución de 1993.

Abstract The Armed Forces are in an expansive period where the need for competent personnel is greater than ever. Partly due to the need to train soldiers and new officers being greater than in a long time and the need to maintain readiness in accordance with the interpretation of the world situation. This is a situation where the Armed Forces have a competence-preserving anorexic organization which, due to political decisions, has decreased by 70% since the 1990s. In 2015, due to Russia's annexation of Crimea, the political orientation changed to increase the capabilities of the Armed Forces. This intensified in 2022 with Russia's attack on Ukraine. The study was conducted at a unit where data was collected between the years 2017-2022. In 2017, the surveyed unit had 393 officers and 2022 318 officers, which is a decrease of 75 officers during the period. How can it be that a unit loses 75 officers in 5 years when politicians want the Armed Forces to grow?   The study shows that officers terminate their employment due to the tensions that arise between the three identified Sensemaking processes. These processes are the Authority, the Profession and the individual. • The resignations of officers arise when a person is faced with an ultimatum in which they are forced to choose between the Authority, the Profession and the Individual and its basic truths. • And when the Armed Forces are unable to give meaning to the forced change of meaning. The cumulative tension of meaning to which the professional officer is exposed during his career is increasing in relation to level and family situation. The triggers that lead up to the ultimatum are lack of opportunity to influence the organization as well as one's own situation, lack of support and trust from the manager, and lack of quality time with the family.  The conflict between the Authority and the Profession is based on the different views on the emphasis placed on training military units. The conflict between the individual and the profession is about the double loyalty between the family and the unit. The conflict between the Individual and the Authority is based on what the job gives in relation to the sacrifice the individual makes.  The study was carried out with the approach of understanding and interpretingthrough sensemaking why officers leave the Armed Forces to a greater extent than the unit wants. This is a hermeneutic, inductive and qualitative study where interviews and workshop are used to gather data which is then analysed in a GT inspired method.