<p>This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced.</p>

This study provides a feminist analysis of protective labor legislation in the Supreme Court case of UAW v. Johnson Controls, Inc. History of protection rhetoric and precedented cases leading up to UAW are provided. Using a feminist analysis, this study argues that the victory for women's labor rights in UAW is short lived, and the cycle of protection rhetoric continues with new pro-business agendas replacing traditional justifications for "protecting" women in the work place. The implications of this and other findings are discussed.

South Africa is faced with a huge challenge of disability discrimination and inequality. Disabled people are not enjoying equal treatment as compared to others. Those who are on the working sector are not reasonable accommodated. The study examines challenges faced by people with disabilities. The study further submit that people with disabilities should be reasonably accommodated and be retained in the working sector as they have a positive role to play in the economy. The study also looks at the various legislations and argues that they are ineffective as they fail to address the imbalances of the past. The study further suggest that there is a need for all people to understand disabled people and not to isolate them as such stigma cause people with disabilities to be unfairly discriminated against in society and in employment / College of Law / LL. M. (Commercial Law)

This research focused on the legal response to the HIV/ AIDS epidemic in South Africa. The response adopted by the South African legislators embraces the protective model of the law. The philosophy underpinning this legislation is to engender respect for individuals and to promote human rights and in the context of HIV/AIDS, reduce the presence of stigmas and discrimination. Such an approach is commendable however in South Africa given the nature and extent of the crisis a more proactive legal response is required. Such a response is encapsulated within the empowerment model of legislation. The aim of this research was to demonstrate the need for such an approach in a work environment. In order to do so, a study of the Durban Metropolitan Unicity Municipality was undertaken. As a public institution such an entity is obliged to follow all employment laws and guidelines. This characteristic ensures that problems and advantages that arise regarding the implementation of protective legislation can be easily ascertained. The research was conducted by using a case study approach within a qualitative research methodology. The snowball method of sampling was relied on for obtaining respondents and the data collection technique adopted was interviewing specifically, semi-structured interviewing. Members of the Durban Metropolitan Unicity Municipality were interviewed on the primary aspects of its workplace policy on HIV/AlDS, which is based on the guiding principles of the protective employment laws of South Africa. The main findings of this research suggest that the protective model of legislation has not achieved a noteworthy level of success in the workplace of the Durban Metropolitan Unicity Municipality. This finding is derived from the Iow levels of awareness of employment legislation and the workplace policy, high incidence of discrimination prevalent and stigmas still attached to one's HIV/AlDS status, and general dissatisfaction with specific provisions of the workplace policy that are based on the principles of protective employment legislation. An alternative legal response was advocated namely, the empowerment model of legislation which is much more proactive in its application. This model of law focuses on the legal empowerment of people and is conducive to stimulating positive social changes. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2001.

The current South African labour laws have evolved through decades of transitions. It originated from an autocratic employment relationship to the fight for worker rights and finally, to the equal rights and freedom of workers. However the rights of workers were always regulated by the idiosyncrasies and oppression of the political fabric of this country. One of the greatest contributing factors that enhanced worker confidence is the introduction of the previous Interim Constitution and the now, Final Constitution, which provided for equality for all South African citizens. All such laws have impacted intensely on the South African labour framework. Currently, we exist in a country where there are laws that ensure worker protection. On the face of it, the labour laws are clearly democratic. However, in practice, there exist many gaps in the law. This study is primarily based on identifying the areas of the labour laws where such laws do not adequately cater for the South African population and its diversities, and where it is not consistent with the International Labour standards. Major emphasis will be placed on the application of the law and the intention behind the drafters of such legislation. One area of focus is the application of the law to the HIV/AIDS crisis in South Africa. HIV/AIDS is seen as an epidemic that is adversely penetrating the workforce and a company's productivity. The disease itself is growing at an enormous pace and already, a small percentage of the population is affected by it. The disease inevitably leads to a drop in a company's output through the increase in employee absenteeism and deaths, and it also obligates employers to re-arrange their staff or hire new staff. Companies have been forced to change their policies and to create awareness in the workplace to adequately cater for workers who suffer from this epidemic. The laws itself have not made sufficient provision for applying itself to the growth in the percentage of AIDS employees. With a large percentage of the workforce having the disease, there has not been sufficient protection of such persons and their families. There are three stages in the HIV/AIDS cycle and the last stage weakens employees to the extent that they are unable to work. And with medical costs being as high as it is today, it won't be long before such employees lack the financial means to survive. Hence there is little protection to workers after contracting the AIDS virus. This is merely one of the areas of the HIV/AIDS crisis that requires review of the current labour laws. The labour laws are new to providing protection to workers. Inevitably, it is the responsibility of workers to protect themselves, either through saving on their own or entering into endowment or similar policies. However, with the instability in our current economic climate, it is difficult for employees to invest or to save. Employment Equity has been another area that requires development within the South African labour framework. Such equity is based on rectifying the political ravages of the past, where previously disadvantaged persons were prejudiced in various areas of the employment arena. Affirmative Action has been one area of change that many companies and corporations were forced to deal with. The International Labour Organization (ILO) has always attempted to diversify its laws to cater for the diversities of the world population. South Africa adopted many of its laws, specifically with regards to the HIV/AIDS crisis. However, considering that the labour laws are seen as a rapidly-changing area in the world economy, such areas are making it difficult for the current laws to be consistent with such changes. Emphasis is now placed on the application of the laws to such changes. This study is a very much theoretical to the extent that it identifies the areas of applicable law and the areas that require improvement or change in order to satisfy the "democracy" in a democratic country. / Thesis (M.B.A.)-University of Natal, Durban, 2003.

<p>This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced.</p>

South African affirmative action law in the workplace is in its infancy. Yet some concepts in this context have already proven to be unclear or in need of interpretation, or are lacking. This thesis focuses on the beneficiaries of affirmative action in employment law. The Employment Equity Act (EEA) creates `designated groups' &#9472; black people, women and people with disabilities &#9472; as the beneficiaries of affirmative action. It lays down two requirements for beneficiaries of affirmative action which are investigated: (a) beneficiaries must be from the designated groups - in this regard, the question that arises is whether, having been categorised as disadvantaged, persons are presumed to be de facto disadvantaged and entitled to benefit from affirmative action, or whether further evidence of actual past disadvantage is required; and (b) beneficiaries must be `suitably qualified'. In addition, citizenship as a third requirement for beneficiaries of affirmative action has been mooted in case law. This is evaluated against modern interpretation theory, the Constitution and discrimination law. Against the background of a comparative investigation of the position in the US and Canada, and under international law, specific findings and recommendations are made in respect of South African affirmative action law. These relate to the interpretation of the concept `disadvantage', to a pragmatic and contextualised approach to the notion `degrees of disadvantage', to the recognition of the concept `multiple disadvantage', to the clarification of the meaning and application of the concept `suitably qualified' in a code of good practice, and to a policy decision by government to ensure that affirmative action measures apply mainly to South African citizens who otherwise qualify to benefit. To this end, certain amendments to the EEA, its regulations and codes of good practice are proposed with the aim of ensuring that affirmative action measures in fact benefit those intended by the EEA. Some projections are made to indicate the way forward for affirmative action in South Africa. / Jurisprudence / LL.D.

The thesis titled Right to work - the integration of people with disabilities through employment in the open labour market put a target to determine whether the employment of people with disabilities is sufficiently motivated by the Employment Law. The theoretical part of the work is first generally pursued to people with disabilities and their rights. Then a closer look at the characteristics of mental disability and prejudices that are associated with it. Furthermore, the generally pursues the world of work, its importance, employability, employment opportunities and Czech legislation that deals with this issue. The last chapter is already focused on the person with disabilities in the world of work, the difference between the protected labour market and the open labour market, supported employment and to motivation of employers. In the practical part it was conducted a research through interviews with employers. Powered by TCPDF (www.tcpdf.org)

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-12-20T08:48:10Z No. of bitstreams: 1 Eduardo Pragmácio Filho.pdf: 1721982 bytes, checksum: 7c926d05cee0014ccef274338a968924 (MD5) / Made available in DSpace on 2017-12-20T08:48:10Z (GMT). No. of bitstreams: 1 Eduardo Pragmácio Filho.pdf: 1721982 bytes, checksum: 7c926d05cee0014ccef274338a968924 (MD5) Previous issue date: 2017-12-12 / The Brazilian employment law does not reflect a relationship to economics. The first objective of this thesis is to show the relationship between economics and labor law since the Brazilian Labor Code considers the firm as an employer. The second objective is to point out new directions concerning employers’ responsibilities with respect to business practices based on the notions of risk and power. The methodology adopted is the bibliographic research. This thesis depicts some of the most important economic approaches of firm theory, such as the neoclassical, the principal-agent, the transaction costs (Ronald Coase), the nexus of contracts and the property rights (Oliver Hart). The four profiles of the enterprise (Asquini) and the business risks (Simon Deakin), notions from corporate law, are also discussed. Then, the firm is discussed in relation to the workplace in order to identify some examples of what David Weil called the "fissured workplace", such as supply chains and franchises. As an employer, the firm exercises five functions through one or several legal entities, according to Jeremias Prassl’s theory. The employer’s functional approach is (in an implicit way) reflected in the Brazilian Labor Code and can be perfectly applied to Brazilian employment law for a better assignation of responsibilities to the various entities that carry out one or more of the employers’ functions. The firm is a power, it has a political profile and needs to self-regulate through codes of conduct or through a new system of responsibility. Finally, the conclusion reached is that the notions from law and economics, regarding transaction costs, nexus of contracts, property rights, the profiles of the enterprise found in Asquini’s theory, and the notions of power and risk create new legal tools to produce an innovative employment relationship responsibility / O direito do trabalho brasileiro não dialoga com a economia. O primeiro objetivo desta tese é promover o necessário diálogo entre economia e direito do trabalho, para uma melhor compreensão do que é uma empresa, uma vez que a CLT considera como empregador a empresa. O segundo objetivo é apontar novos rumos da responsabilidade trabalhista para a atividade empresarial, a partir das noções de risco e de poder. A metodologia adotada é a pesquisa bibliográfica. Inicia-se com a apreciação das várias teorias econômicas da firma, como a neoclássica, a do agenciamento, a dos custos de transação de Ronald Coase, a do nexo de contratos e a dos direitos de propriedade consolidada por Oliver Hart. Abordam-se também as noções comercialistas da empresa de Asquini e o risco empresarial de Simon Deakin. Em seguida, a empresa é contextualizada no ambiente de trabalho, para se identificar os ambientes “fissurados” a que se refere David Weil, a exemplo das cadeias de abastecimento e das franquias. Como empregadora, a empresa exerce cinco funções, por meio de um ou de vários entes legais, de acordo com a teoria de Jeremias Prassl. Essa noção funcional do empregador é implicitamente adotada na CLT e pode perfeitamente ser trasladada ao direito do trabalho brasileiro, para uma melhor imputação de responsabilidades aos vários entes que exercem uma ou mais de uma função de empregador. A empresa é um poder, detém um perfil político e precisa exercer o autocontrole, por meio dos códigos de conduta ou de uma nova sistemática de responsabilidade. Por fim, a conclusão a que se chegou é que as noções, oriundas do law and economics, a respeito de custos de transação, nexo de contratos, direitos de propriedade, somadas aos perfis da empresa de Asquini, e acrescidas das noções de poder e de risco, tudo isso cria novas ferramentas para se imputar uma inovadora responsabilidade empresarial trabalhista

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.