Text in Afrikaans / The Convention on the Rights of the Child was adopted by the United Nations General Assembly on 29 November 1989. Included in the inherent rights set out in the Convention is the right to the highest attainable standard of health. In implementing the Convention states parties must refer to the requirements of article 2 of the Convention, which places them under a duty to respect and ensure the rights in the Convention to each child. The term “respect” implies a duty of good faith to refrain from actions which would breach the Convention. The “duty to ensure”, however, requires states parties to take whatever measures are necessary in order to enable children to enjoy their rights. A state party must also review its legislation in order to ensure that domestic law is consistent with the Convention. South Africa showed commitment to protecting and promoting children’s health when it ratified the United Nations Convention on the Rights of the Child in 1995 and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to give legislative effect to the protection and promotion of children’s health by reviewing the Health Act 63 of 1977 (reviewed as the National Health Act 61 of 2003) and the Child Care Act 74 of 1983 (reviewed as the Children’s Act 38 of 2005). The review of the Child Care Act 74 of 1983 revealed that the act is virtually silent on the issue of child health. This led to the decision to identify and evaluate existing policy and legislation, as well as pending relevant law reform and policy affecting child health in order to assess how well South African legislation addresses the issue. The research showed that although much legislation exists, none provides comprehensively for child health rights. The legislation that does exist contains obvious gaps. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of health services and nutrition. Further, there is a complete lack of legislation which protects the health needs of disabled children. A comparative study was also undertaken. Legislation of India and Canada were evaluated in order to make recommendations as to how the gaps in South African legislation can be rectified. However, the research showed that South Africa has made far more significant progress in promoting a rightsbased approach to children’s health in legislation. In order to ensure that the health rights of children are protected and promoted, I propose more comprehensive legislative protection. / Private Law / LL.D.

Al hoe meer organisasies in Suid-Afrika gaan tans deur 'n herstruktureringsfase wat meebring dat die totale werksmilieu verander. Die werknemer verkeer onder druk om aan die nuwe eise in die wereld van werk te voldoen. Druk om te presteer en werksuitset te !ewer mag disfunksionele stres en antler psigiese probleme meebring. Organisasies speel 'n belangrike rol in die dinamiese groeiproses van die individuele werknemer en raak toenemend bewus van die werknemer se fisiese en psigiese gesondheid. Talle organisasies het reeds korporatiewe gimnasiums opgerig en sommige bied subsidiering van lidmaatskap aan gesondheidsklubs aan hul werknemers. Sekere mediese skemas begin self gesondheidsplanne ontwerp met behulp van gesondheidsklubs om die gesondheid van die werknemer te bevorder. / M.A. (Bedryfsielkunde)

Job insecurity in the workplace has become an increasingly important trend in organisational research. The appraisal of job insecurity by individuals plays a significant part in how reactions manifest in the experiences of workplace stressors, job satisfaction, positive and negative work attributes and social support. However, there is a lack of research regarding specific workplace stressors at work leading to certain outcomes like safety behaviour, turnover intention and mental health, especially within a South African working context. Job insecurity has also been classified as a workplace stressor. The existence of other stressors tends to increase the ultimate effect of insecurity for the individual. The attempts from organisational management to manage this phenomenon are therefore crucial in decreasing the negative effects of job insecurity and increasing the productivity of the organisation. In order to measure the job insecurity levels of employees, it is important to make use of valid and reliable job insecurity measures. An absence of empirical research on validity and reliability studies in terms of job insecurity in South African is evident. The main objectives of this research were: 1) to establish the psychometric properties of a measure of job insecurity in a selected gold mining company in South Africa; 2) to determine the influence of job insecurity and work stress (i.e. role conflict, clarity and overload) on worker safety performance and if coping could moderate this; 3) to investigate the theoretical and empirical relationships between job stressors (task completion ambiguity and task quality ambiguity), competency demands, employability perceptions, job satisfaction and turnover intention over time, and 4) to investigate if social support has a mediating effect between positive interpersonal attributes, negative interpersonal attributes, job insecurity and subsequent health. To achieve the first objective, a cross-sectional design was used (N = 566), including various business units of a South African-based gold mining company. The assessment of the psychometric properties of a measure of quantitative and qualitative job insecurity for employees was determined through construct (structural) equivalence, exploratory factor analysis and multivariate analysis of variance to calculate the comparison of the factor structure for the different cultural groups. For qualitative job insecurity, the scale shows low equivalence for the African languages group. Statistically significant differences were found between the levels of job insecurity of employees in terms of gender. The second objective, concerning the investigation into the relationship of work stress and job insecurity with unsafe behaviour at work, was achieved with across-sectional survey design (N = 771). The hypothesised model included the influence of role conflict, role ambiguity, role overload, and job insecurity on unsafe work behaviour. Coping was introduced as a moderator in this relationship. The results indicated that when employees experience work stress and job insecurity, their safety compliance is low. This relationship was also moderated by a coping strategy of Avoidance. To achieve the third objective, a longitudinal study was conducted and data was gathered by means of an electronic survey, with 771 employees participating at Time 1, and 345 participating at Time 2. Results for predicting employees’ turnover intentions, experience of task completion and quality ambiguity, external employability and job satisfaction made a direct contribution in predicting their turnover intention. No mediating role of job satisfaction between job stressors, competency demands and employability perceptions on the one hand and turnover intentions on the other hand, were found. Addressing the fourth objective in investigating the moderating role of social support between the relationship of experiencing positive interpersonal (communication with the manager and feedback), negative interpersonal experiences (powerlessness and interpersonal conflict), job insecurity (quantitative and qualitative) and health, was met with a longitudinal random sample of employees in different business units in one selected multi-national mining company based in South Africa (N = 771). Results for these employees indicated that all the proposed variables, except feedback from the manager, were statistically significantly related to health. No moderating effect for social support could be found over time, but it was shown that interpersonal conflict at work is a longitudinal predictor of employee health. By way of conclusion, the implications of the research were discussed and recommendations for managers and for future research were made. / Thesis (PhD (Industrial Psychology))--North-West University, Potchefstroom Campus, 2013.

Job insecurity in the workplace has become an increasingly important trend in organisational research. The appraisal of job insecurity by individuals plays a significant part in how reactions manifest in the experiences of workplace stressors, job satisfaction, positive and negative work attributes and social support. However, there is a lack of research regarding specific workplace stressors at work leading to certain outcomes like safety behaviour, turnover intention and mental health, especially within a South African working context. Job insecurity has also been classified as a workplace stressor. The existence of other stressors tends to increase the ultimate effect of insecurity for the individual. The attempts from organisational management to manage this phenomenon are therefore crucial in decreasing the negative effects of job insecurity and increasing the productivity of the organisation. In order to measure the job insecurity levels of employees, it is important to make use of valid and reliable job insecurity measures. An absence of empirical research on validity and reliability studies in terms of job insecurity in South African is evident. The main objectives of this research were: 1) to establish the psychometric properties of a measure of job insecurity in a selected gold mining company in South Africa; 2) to determine the influence of job insecurity and work stress (i.e. role conflict, clarity and overload) on worker safety performance and if coping could moderate this; 3) to investigate the theoretical and empirical relationships between job stressors (task completion ambiguity and task quality ambiguity), competency demands, employability perceptions, job satisfaction and turnover intention over time, and 4) to investigate if social support has a mediating effect between positive interpersonal attributes, negative interpersonal attributes, job insecurity and subsequent health. To achieve the first objective, a cross-sectional design was used (N = 566), including various business units of a South African-based gold mining company. The assessment of the psychometric properties of a measure of quantitative and qualitative job insecurity for employees was determined through construct (structural) equivalence, exploratory factor analysis and multivariate analysis of variance to calculate the comparison of the factor structure for the different cultural groups. For qualitative job insecurity, the scale shows low equivalence for the African languages group. Statistically significant differences were found between the levels of job insecurity of employees in terms of gender. The second objective, concerning the investigation into the relationship of work stress and job insecurity with unsafe behaviour at work, was achieved with across-sectional survey design (N = 771). The hypothesised model included the influence of role conflict, role ambiguity, role overload, and job insecurity on unsafe work behaviour. Coping was introduced as a moderator in this relationship. The results indicated that when employees experience work stress and job insecurity, their safety compliance is low. This relationship was also moderated by a coping strategy of Avoidance. To achieve the third objective, a longitudinal study was conducted and data was gathered by means of an electronic survey, with 771 employees participating at Time 1, and 345 participating at Time 2. Results for predicting employees’ turnover intentions, experience of task completion and quality ambiguity, external employability and job satisfaction made a direct contribution in predicting their turnover intention. No mediating role of job satisfaction between job stressors, competency demands and employability perceptions on the one hand and turnover intentions on the other hand, were found. Addressing the fourth objective in investigating the moderating role of social support between the relationship of experiencing positive interpersonal (communication with the manager and feedback), negative interpersonal experiences (powerlessness and interpersonal conflict), job insecurity (quantitative and qualitative) and health, was met with a longitudinal random sample of employees in different business units in one selected multi-national mining company based in South Africa (N = 771). Results for these employees indicated that all the proposed variables, except feedback from the manager, were statistically significantly related to health. No moderating effect for social support could be found over time, but it was shown that interpersonal conflict at work is a longitudinal predictor of employee health. By way of conclusion, the implications of the research were discussed and recommendations for managers and for future research were made. / Thesis (PhD (Industrial Psychology))--North-West University, Potchefstroom Campus, 2013.

Emotional home demands, cognitive home demands, home pressure, development possibilities, autonomy, social support, nonwork–work interference, spouse–work interference, parent–work interference, religion/spiritual–work interference, domestic–work interference, health, exhaustion, cognitive weariness, life satisfaction, dual earner parents Dual earner parents have become the norm in today’s workplace (Weigel, Weigel, Berger, Cook, & Delcampo, 1995). Dual earner parents face many challenging roles that they have to try to balance; these include being a parent, spouse, employee, being involved in religious practices and juggling domestic responsibilities. According to Duxbury and Higgins (1991), it is very difficult for such parents to balance their various roles and multiple demands. All these challenging demands (home characteristics) can cause nonwork–interference which can, in turn, lead to well–being problems (Magnus & Viswesvaran, 2005). The general objective of this study is to investigate the home characteristics, nonwork–work interference and well–being of a sample of dual earner parents. A convenience sample of dual earner parents (N=207) was taken in the Vaal Triangle area in Gauteng. The following scales was used within this study: the Home Demands Scale (Peeters et al., 2005), Home Resources Scale (Demerouti et al., 2010); the Work–nonwork Interference Scale (Koekemoer, Mostert, & Rothmann, 2010); the General Health Questionnaire (GHQ) (Goldberg, & Williams, 1988); and the OLBI (Oldenburg Burnout Inventory) Scale measuring exhaustion, Cognitive weariness (Van Horn et al., 2004); and life satisfaction (Diener et al., 1985). Descriptive statistics, Cronbach alpha coefficients, product moment correlations and multiple regression analyses were used to analyse the data. The results indicated that emotional home demands and lack of autonomy significantly predict physical ill health; emotional home demands and spouse–work interference significantly predict anxiety; and emotional home demands significantly predict depression. Gender, home pressure, developmental possibilities and parent–work interference were, in turn, significant predictors of exhaustion. Recommendations were made for future research and also, on a more practical level, for dual earner parents. One of the recommendations is that one needs to investigate the possible cross–over and spillover effects of work–nonwork interference between wives and husbands. Another is to investigate the positive side of work–nonwork interference. / Thesis (M.Com. (Industrial Psychology))--North-West University, Potchefstroom Campus, 2012.

Emotional home demands, cognitive home demands, home pressure, development possibilities, autonomy, social support, nonwork–work interference, spouse–work interference, parent–work interference, religion/spiritual–work interference, domestic–work interference, health, exhaustion, cognitive weariness, life satisfaction, dual earner parents Dual earner parents have become the norm in today’s workplace (Weigel, Weigel, Berger, Cook, & Delcampo, 1995). Dual earner parents face many challenging roles that they have to try to balance; these include being a parent, spouse, employee, being involved in religious practices and juggling domestic responsibilities. According to Duxbury and Higgins (1991), it is very difficult for such parents to balance their various roles and multiple demands. All these challenging demands (home characteristics) can cause nonwork–interference which can, in turn, lead to well–being problems (Magnus & Viswesvaran, 2005). The general objective of this study is to investigate the home characteristics, nonwork–work interference and well–being of a sample of dual earner parents. A convenience sample of dual earner parents (N=207) was taken in the Vaal Triangle area in Gauteng. The following scales was used within this study: the Home Demands Scale (Peeters et al., 2005), Home Resources Scale (Demerouti et al., 2010); the Work–nonwork Interference Scale (Koekemoer, Mostert, & Rothmann, 2010); the General Health Questionnaire (GHQ) (Goldberg, & Williams, 1988); and the OLBI (Oldenburg Burnout Inventory) Scale measuring exhaustion, Cognitive weariness (Van Horn et al., 2004); and life satisfaction (Diener et al., 1985). Descriptive statistics, Cronbach alpha coefficients, product moment correlations and multiple regression analyses were used to analyse the data. The results indicated that emotional home demands and lack of autonomy significantly predict physical ill health; emotional home demands and spouse–work interference significantly predict anxiety; and emotional home demands significantly predict depression. Gender, home pressure, developmental possibilities and parent–work interference were, in turn, significant predictors of exhaustion. Recommendations were made for future research and also, on a more practical level, for dual earner parents. One of the recommendations is that one needs to investigate the possible cross–over and spillover effects of work–nonwork interference between wives and husbands. Another is to investigate the positive side of work–nonwork interference. / Thesis (M.Com. (Industrial Psychology))--North-West University, Potchefstroom Campus, 2012.

Text in English with abstracts in English, Afrikaans and Zulu / The study was conducted within the interpretive research paradigm. Anchored in organisational justice theory, the study explored the incapacity management practices at an open distance learning (ODL) institution in South Africa. A qualitative research methodology, which applied a case study design, was used in this study. A purposeful sample of 16 (N=16) participants was chosen based on their experiences, knowledge and understanding on the topic of incapacity management. Semi-structured interviews were used as the primary data collection method, and documents were used as a secondary data collection source for triangulation purposes. The data analysis and reporting of the participants’ lived experiences drew on the thematic analysis technique. At theoretical level, the study provided insight into the notions of incapacity management in the workplace; the regulatory obligations in managing incapacity; and lastly, reasonable practices to accommodate incapacity. The literature review confirmed that an effective incapacity management framework should have four main dimensions, namely a supportive institutional culture; a policy and procedure providing for incapacity management practices; provisions for reasonable accommodation; and a multidisciplinary approach. From the empirical phase it emerged that although the literature presupposes a healthy institutional culture to ensure well-managed incapacity in the workplace, the current institutional culture at the institution under study was negative. This study also found several challenges relating to incapacity management in the ODL institution, namely a lack of knowledge and understanding of incapacity management due to the absence of a policy and procedure; a lack of understanding of the incapacity condition; and a lack of reciprocal communication among the key role players. The findings also demonstrated that reasonable accommodation practices could be improved and that the management of incapacity in the workplace requires a multidisciplinary approach. The study proposes an incapacity management framework for the ODL institution that encompasses the identified prerequisites and challenges. The study also added insights to the human resource management body of knowledge, especially knowledge of the management of incapacity due to ill health in the workplace, with specific reference to the ODL institution. / Hierdie studie is binne die interpretiewe navorsingsparadigma uitgevoer. Geanker in organisatoriese geregtigheidsteorie, ondersoek hierdie studie die onbekwaamheidsbestuurpraktyke by 'n opeafstandsonderriginstelling in Suid-Afrika. 'n Kwalitatiewe navorsingsmetodologie wat 'n gevallestudie-ontwerp toegepas het, is in hierdie studie gebruik. 'n Doelgerigte steekproef van 16 (N=16) is gekies op grond van hulle ervarings, kennis en begrip van die onderwerp van onbekwaamheid bestuur. Semi-gestruktureerde onderhoude is gebruik as die primêre data-insamelingsmetode, en dokumente is gebruik as ’n sekondêre data-insamelingsbron vir trianguleringsdoeleindes. Tematiese ontledingstegniek is aangewend in die data-ontleding en -verslagdoening van die deelnemers se geleefde ervarings. Op teoretiese vlak, het die studie insig gebied in die opvattings van onbekwaamheidsbestuur in die werkplek; die regulatiewe verpligtings in onbekwaamheidsbestuur; en laastens, redelike praktyke om die onbekwaamheid te akkommodeer. Die literatuuroorsig het bevestig dat 'n effektiewe onbekwaamheidsbestuurraamwerk vier hoofdimensies moet hê, naamlik 'n ondersteunende kultuur in die instelling; ’n beleid en prosedure wat voorsiening maak vir onbekwaamheidsbestuurspraktyke; redelike akkommodasie; en 'n multi-dissiplinêre benadering. Uit die empiriese fase het dit geblyk dat alhoewel die literatuur 'n gesonde institusionele kultuur vooronderstel wat onbekwaamheid in die werkplek effektief bestuur, die bestaande institusionele kultuur by die instelling wat bestudeer is, negatief was. Hierdie studie het bevind dat daar verskeie uitdagings is wat verband hou met onbekwaamheidsbestuur in die opeafstandsonderriginstelling, naamlik 'n gebrek aan kennis en begrip van onbekwaamheidsbestuur as gevolg van die gebrek aan 'n beleid en prosedure; 'n gebrek aan begrip van die onbekwaamheidstoestand; en 'n gebrek aan wedersydse kommunikasie tussen die sleutelrolspelers. Die bevindings het ook getoon dat redelike akkommodasie praktyke verbeter kan word en dat die bestuur van onbekwaamheid in die werkplek 'n multi-dissiplinêre benadering vereis. Die studie stel 'n onbekwaamheidsbestuurraamwerk vir die opeafstandsonderriginstelling voor wat die geïdentifiseerde voorvereistes en uitdagings insluit. Die studie het ook insig gebied in die menslikehulpbronbestuur-kennisgeheel, veral kennis oor die bestuur van onbekwaamheid in die werkplek te wyte aan swak gesondheid, met spesifieke verwysings na die opeafstandsonderriginstelling. / Ucwaningo lwaqhutshwa ngokocwaningo womgomo wokuhumusha. Yakhelwe phezulu kwethiyoriyezobulungiswa, ucwaningo lwagxila ekunqundweni kwezindlela zokuphatha ezaziwa ngokuthi ukufunda okuvulelekile ngezobuchwepheshe okuthiwa yi-ODel esikhungweni saseNingizimu Afrika. Ucwaningo oluyindlela yokuklama oluphathelene nesimo, okuyinto esetshenziselwa ukufunda ngocwaningo lwesiqephu esithile, luye lwasetshenziswa. Kuye kwenziwa isampule olubalulekile lapho kuye kwakhethwa abantu ababebambe iqhaza abayishumi nesithupha (N=16) olwabe lwakhelwe phezulu kwesipiliyoni, ulwazi kanye nokuqonda ngodaba lokunqundwa kokuphatha. Izinhlolokhono ezihleliwe ezingaphelele ziye zasetshenziswa ngendlela yukuqoqa izibalo zangempela, kwabuye kwasetshenziswa imiqulu yemithombo yokuqoqwa kwedatha yesibili ukuqinisekisa okuhlosiwe. Ukuhlaziywa kwemininingwane kanye nokubika ebantwini abambe iqhaza ngezinto abahlangabezana nazo ezimpilweni zabo ix kwadala ukulethwa kokuhlaziya kwamasu okuhlaziya ezingqikithi ezithile. Ezingeni lesayensi, ucwaningo lusinikeza ukuqonda imibono yokunqundwa kokuphatha emsebenzini; izibopho zokulawula ukunqunda kokuphathwa; okokugcina,izindlela ezamukelekile zokubhekana nokunqundwa kokuphathwa. Ukubuyekezwa kwemibhalo kuqinisekise ukuthi uhlaka olusebenzayo lokunqundwa kokuphatha kumele kube nezinhlangothi ezine, okunguyisiko lokusekela izikhungoinqubomgomo nenqubo yokuhlinzeka izindlela zokunqunda ukuphatha; ukuhlinzeka izindlela ezamukelekile; kanye nenqubo ezihlukene yezifundo. Kusukela esigabeni somqondo wesasayensi kuye kwavela ukuthi nakuba imibhalo igcizelela isiko elihle neliphilasayo lemfundo ukuqinisekisa ukunqundwa kokuphatha kahle emsebenzini, isiko olukhona manje ezikhungweni alulungile. Ucwaningo luye lwathola ukuthi ziningi izingqinamba ezihambisa nokunqundwa kokuphatha ukufunda okuvulelekile ngezobuchwepheshe kuyizikhungo okuthiwa yi-ODL, okungabi khona kolwazi kanye nokuqonda mayelana nokunqundwa ukuphatha okudalwa ukungabikhona kwengqubomgomo nezingqubo ezithile; ukungaqondi izimiso zokunqunda; kanye nokuntuleka kokuxhumana ngokuvumelana phakathi kwabantu abadlala indima ebalulekile. Okuye kwatholakala kuye kwakhombisa ukuthi izindlela ezamukelekile zingathuthukiswa nokuthi ukunqundwa kokuphatha emsebenzini kudinga inqubo ehlukene yezifundo. Ucwaningo luhlongaza ingqubomgomo yokunqundwa kokuphatha kwezikhungo zemfundo evulelekile okuthiwa yi-ODL ezohlanganisa izinto ezidingekayo nezinselelo ezikhona. Ucwaningo lubuye lwafaka ukuqonda kokuba khona kwabantu abazoba umgogodla wolwazi abazoqashwa, kakhulukazi kulwazi lokunqunda ukuphatha okuzodalwa ukungabi esimweni esihle ngempilo emsebenzini, kakhulukazi uma kubhekiswa ekufundeni okuvulelekile ezikhungweni ezaziwa ngokuthi yi-ODL. / Human Resource Management / D. Com. (Business management)