This dissertation focuses on the forces that are bringing about changes in the employment relationships in the higher education sector. Labour law regulates the employment relationships. This dissertation also seeks to determine the extent to which the forces that are external to the parties to the employment relationship determine the legal environment within which the parties can exercise their rights and obligations. The important factor that is taken into account in this regard is the constitution of the country which is the supreme law of the land. The fundamental rights that are enshrined in the constitution must be recognised and respected by labour law and consequently by the parties to the employment relationships. The constitution provides that when interpreting any legislation, every court, tribunal or forum must promote the spirit, purpose and objects of the Bill of Rights. This dissertation is confined to the public higher education system. The constitution also stipulates that the power to pass legislation that regulates tertiary education is given to the national government exclusively. It is for that reason that the Higher Education Act has been amended to give the Minister the power to bring about the desired changes. The National Plan for Higher Education that was introduced by the Minister of Education in March 2001 is the basis of the discussion of the issues of equity, restructuring, incorporations and mergers that are currently taking place in the higher education sector in this dissertation. This is a force that is external to the parties and is brought about by policy considerations. The analysis of the issue of equity therefore takes into account the right to equality as buttressed by affirmative provisions of the constitution of the country and the legislation that has been enacted to outlaw discrimination at the workplace and to promote equality of opportunity is considered. The enforceability of the equity provisions of the National Plan for Higher Education are analysed in this context. Labour law also determines the respective rights and obligations of the parties when it comes to restructuring that is taking place in the higher education sector. Labour law acknowledges that the operational requirements of employers may compel them to restructure their operations. This may lead to a loss of jobs. The principles of labour law and labour legislation that regulate these phenomena are analysed. The National Plan for Higher Education seeks to bring about a change in the landscape of the higher education system in this country. It proposes mergers and incorporations of certain institutions of higher education into. other such institutions. Labour law principles and legislation regulate how these phenomena can be effected. Common law recognises an employment relationship between a particular employer and a particular employee and does not provide for the notion of transferring the employment relationship to a new employer. This dissertation analyses the applicable provisions of labour law when this transfer of contract happens in the higher education sector. Our labour law is itself in a state of flux, not only because the relevant labour legislation is new, but also because that "new" labour legislation is in the process of being amended. This aspect has been compounded by the fact that the Labour Appeal Court has given different interpretations to certain provisions of the legislation, leading to further amendment of the legislation. The relevant amendments relate to dismissals based on operational requirements of the employer and the transfer of contracts of employment from the "old" employer to the "new" employer. This dissertation aims to highlight the measures that the role players must take to ensure that the implementation of the directives contained in the National Plan for Higher Education, among others, does not fall foul of our labour law. / Thesis (LL.M.)-University of Natal, Durban, 2001.

Affirmative action is a central concept in South African politics and the workplace. The Employment Equity Act divides society into a designated group (blacks, women and people with disabilities) and a non-designated group (white men and white women). In this study, the influence of affirmative action on alienation of the non-designated group was investigated. Guidelines were also developed for employers in order to lead the non-designated group from a state of alienation to that of commitment. Two research questions were investigated: • Does affirmative action lead to the alienation of the non-designated group? • What will guidelines for companies, with the view to address the alienation problem, look like? Three central themes appear in this study. Firstly the concept alienation was investigated. The theory of Seeman was heavily relied on. He succeeded in summarising the experience of alienation in five variants, namely powerlessness, meaninglessness, normlessness, isolation and self-alienation. Secondly, guidelines were developed in order to lead the non-designated group from a state of alienation to that of commitment. To succeed in doing this, the industrial sociology alienation theory and the industrial psychology motivation theory were linked together. The quadruplet sisters of the motivation theory, namely motivation, work satisfaction, work involvement and organisational commitment were applied as the basis for the guidelines. Thirdly, affirmative action was discussed in depth. The experience of the non-designated group regarding affirmative action was investigated, affirmative action as an international phenomenon was scrutinized, different methods for implementing affirmative action were researched and a study on statutory framework of affirmative action was also undertaken. / Thesis (Ph.D. (Industrial Sociology))--North-West University, Potchefstroom Campus, 2007.

The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.

This study is within the field of Industrial and Organisational Psychology. It focuses on the relationship between diversity management and organisational climate dimensions. The literature review indicates that most of the research conducted on these two concepts, diversity management and organisational climate investigated the concept diversity, not diversity management (Cox, 1993; Hicks-Clarke & Hies, 2003). This study specifically explores diversity management in a retail organisation. The empirical component of the study includes confirmatory factor analysis, reliability analysis and a correlational study investigating the relationship between diversity management and organisational climate. It was found that there is a positive and strong relationship between diversity management and organisational climate. Diversity management seems to correlate highly with the following climate dimensions: policies and procedures, discrimination, gender issues, equality in conditions of employment and employment equity. The results indicate that younger employees have more positive views regarding diversity management, and middle aged employees have less positive views regarding diversity management. / Industrial and Organisational Psychology / M. Admin (Industrial and Organisational Psychology)

Magister Administrationis - MAdmin / This research is an evaluative case study of transformation in a Historically White University in South Africa. The research occurs within the context of redress against the inequality and exclusion created by the legacy of apartheid. The research is a qualitative and quantitative study. it is based on based on desk research and include a literature review. Internet search as well as an analysis of key organizational and policy context documents such as reports, projects and surveys are used. semi-structured interviews was held with a sample of staff. / South Africa

Magister Legum - LLM / Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place. / South Africa

Magister Administrationis - MAdmin / The lack of skills and capacity has been cited as one of the key reasons for organisations failing to recruit staff, with 81% of companies in South Africa experiencing recruitment challenges. More specifically, the problem of low skills and capacity has had an impact on the ability of the state to meet its goals and objectives in a variety of public service areas. In fact, in 2006, a question time session in the National Assembly revealed the enormity of the problem. The President, while being questioned on the crisis arising from a lack of suitably qualified people in the Public Service, referred to a skills audit conducted in 2004. The audit, conducted across 284 municipalities, revealed the number one challenge in the context of service delivery as that of a lack of skills. In this context, the City of Cape Town has adopted an ambitious Human Resource Strategy. One of the Human Resource initiatives is the Skills Development Strategy .This broad strategy provides for the implementation of various interventions that facilitates the development, capacity and retention of local government officials in the City. This notwithstanding, it would seem that the City’s remedial action in terms of skills development and retention is not meeting the prescribed intentions of its HR strategy.The study was guided by the following assumptions:The skills development strategy of the City is aimed at appropriate training and development of local government officials that will facilitate career planning and retention of staff.The City’s broader HR strategies will create an enabling environment in achieving the strategic objectives of the various interventions aimed at skills development and retention.The skills development strategy will enhance employee motivation and loyalty towards the City and hence reduce employment turnover.Successful implementation of the City’s skills development strategy is dependent on effective and innovative human resources policies and interventions aimed at developing the talent pool of the City.The primary objective of the study was to critically examine the strategic aims of skills development strategy as adopted by the City of Cape Town in 2007.In this regard, secondary objectives include:critically examining the legislative and regulatory framework for skills training and development in South Africa, critically examining the policy and regulatory framework that informs the management and development of human resources in the City Of Cape Town,contextualising the need for more rigorous training and development interventions within the City of Cape Town,identifying the strengths and weaknesses of the various interventions put in place to facilitate the implementation of the skills development strategy of the City, and finally proposing recommendations to overcome the implementation challenges. The research relied on theoretical research methodology to collect data for the study. Primary and secondary sources of data were used. Secondary sources included books, journals, and government policies and documents. Primary sources included interviews and personal observations.

Magister Commercii (Industrial Psychology) - MCom(IPS) / Although South Africa is 18 years into creating a unique diversity management strategy, individuals - directly affected by diversity in organisation will differ completely from those individuals that have not been affected by diversity in organisations at all. The subject of diversity management has become a contentious issue causing disagreement and argument is in the last couple of years. Many organisations find it difficult to grasp the concept of diversity, thus creating an opportunity for organisational development consultants and management to make substantial profit (Dombai & Verwey, 1999). In the current working environment and the continuous change of the organisation‟s employees, the workforce has become more diverse. This resulted in wider employee knowledge, skills, experience and attitude which will allow the organisation to become more competitive globally. It is of utmost importance for organisations attract and retain staff from different cultural and diverse group of order to improve the employee performance and the competitive advantage of the organisation (Ferreira & Coetzee, 2010). Cumming and Worley (2009, p. 506-509) postulate that “organisational transformation – and more specifically diversity management - is impacting on the bottom line results of the organisation”. Organisational transformation implies radical changes in how members perceive, think, and behave at work. They are concerned with fundamentality altering the prevailing assumptions about how the organisation function and relates to its environment. The study aimed at determining the employees‟ perception towards workplace diversity in a financial institution operating in the Western Cape. More specifically, the following questions will be investigated in this study: What are employees‟ perceptions of workplace diversity? Do employees differ in their views/perception of workplace diversity based on their age, race, job categories, gender, job status and qualification? To what extent is workplace diversity understood by employees? What challenges are being faced to effectively implement workplace diversity? Information was gathered from both secondary and primary resources. All relevant information that was not obtained from publications was gathered through the use of questionnaires that were completed by employees in the financial institution. The primary resources in this research study used are questionnaires that were distributed to employees in a financial institution to complete. Permission was obtained from executive management, provincial management, junior management and the human resources department to distribute the research study questionnaire to the staff in the financial institution. Data was analysed by using structural, methodical and clear reasoning. Data analysis, involving a descriptive study in order to determine the relationship between the employees‟ perception towards workplace diversity in a financial institution operating in the Western Cape The descriptive study created an understanding of the relationship between the employees‟ perception towards workplace diversity, for the researcher and the organisation. The Pearson method was used to determine whether there is a relationship between age, race, gender, job category and qualification and the perceptions of workplace diversity in a financial institution. The Health Professional Council of South Africa (HPCSA)‟s ethical code of Professional Conduct for Psychologists was strictly adhered to. Voluntary participation was critical to the study because of the participants‟ time and energy required as well as asking participants to reveal personal information to the researcher. Permission to conduct the research was obtained from the financial institution where study was undertaken. Informed consent was obtained from participants before starting the data gathering process. Three hundred and nine (309) respondents completed a biographical questionnaire as well as the workplace diversity survey in order to understand their perception and understanding of workplace diversity. To ascertain the perception of workplace diversity, respondents completed a workplace diversity survey. While the results of the current study reveals interesting findings, the results should be interpreted with caution due to the size of the sample used which impacts the generalizability of the findings.

This thesis analyses the Employment Equity Act 55 of 1998 and its application in labour law in South Africa. After an initial examination of the general concepts with regards to employment equity and current international conventions regarding employment equity, the study will move on to examine employment equity as it stands in the law today. In examining the current law regarding employment equity, a brief historical background will be offered in order to show the legacy of apartheid: the immense disparity between the different categories of South African people in the modern era. By using this background and analysing the relevant provisions of the Constitution, it will be argued that there is a very real need for employment equity measures to bring about a true sense of equality in South Africa and that such measures are fully endorsed by the Constitution. After it has been established that affirmative action is an important tool in the creation of an equal South Africa, the measures put in place to help create this equal South Africa will be critically analysed. This critical analysis will point out certain weaknesses in the current affirmative action system. Following this critical analysis of the South African employment equity law, the employment equity systems used in Brazil, Canada and Malaysia will be examined in detail. The purpose of this analysis will be to find the strengths and weaknesses and successes and failures of these foreign systems. This will be done in order to highlight those areas of the foreign systems that can be implemented into South African law in order to make the South African employment equity system stronger. The weaknesses of those systems will also be highlighted in order to learn valuable lessons from other system’s failures so that South Africa does not make the same mistakes. The final part of this thesis will be in depth discussions and the proposal of solutions to the weaknesses of the South African employment equity system that have been highlighted throughout the thesis. These proposals will be put forward in order to ensure the most efficient and effective employment equity system in South Africa. There will also be a reassessment of the most valuable lessons learned from the foreign systems that would be easily implemented into or avoided by the South African system in order to ensure an effective employment equity system. The purpose, therefore, of this thesis is to critically analyse employment equity in South Africa. A further purpose will be to propose certain amendments and changes to the current system to ensure the Employment Equity Act is reflective of the needs of the people South Africa.

The meaning of and motivations behind self-identification is a contentious topic within “the Black community.” The thesis examines the articulation of “Black” and/or “African” identities as means of gaining access to Nova Scotia’s Black Business Initiative (BBI), a state-funded organization mandated with “fostering a dynamic and vibrant Black presence” in the Nova Scotian business community. It is based on ethnographic fieldwork conducted in Halifax in 2013, including interviews with a diverse representation of 36 participants who self-identified as either "Black" or "African." Viewed as a rare redress effort directed toward and run by Blacks, the BBI is a highly visible site of contestation and competition between “indigenous Blacks” and more recently arrived “African Nova Scotians” from the African continent and Caribbean islands over the boundaries of native and foreign Blackness. The thesis argues that a group historically positioned as “Black” (i.e. Other) within a lasting narrative of displacement – both in the Americas in general, and academic diaspora discourse specifically – can be seen as adopting and adapting a discourse of indigeniety as an act of political and economic empowerment. Stuart Hall’s theoretical understanding of the articulation and positioning of Black identities is used to frame a discussion on the coupling of a distinct group’s lived experiences of subjugation and marginalization in place (i.e. Blackness) with a political and juridical ideology of belonging and entitlement to state recognition and resources (i.e. indigeniety) as a means of securing racially directed resources. It therefore challenges Paula Madden’s (2009) overly simplistic critique of this community as creating a hierarchy of Blackness and performing an erasure of Mi’kma’ki through its claims of Black indigeniety.