South Africa’s labour legislation has recently undergone momentous changes, in particular, the changes relating to section 198B of the Labour Relations Act (LRA) 66 of 1995. These amendments have proven to be more contentious than any other changes implemented by government in past years. The purpose of this study is to examine and outline the specific implications that the amendments to legislation regarding fixed-term contracts have on a pension and provident fund company in Gauteng, South Africa. This research will therefore highlight the implications (positive and negative) concerning the changes to section 198B on a pension and provident fund organisation in Gauteng, South Africa. The qualitative investigatory study was conducted with six employees of a pension and provident fund company which makes use of fixed term contract employees, until data saturation was reached. The data was collected by means of individual in depth interviews. The results of the study clearly indicate that the changes to section 198B will have both negative and positive implications. Some of the negative implications are that organisation have had to incur increased employment costs as a result of having to provide equal benefits and conditions of employment to all fixed term contract employees. Organisations now have to review the necessity of deploying fixed term contracts and where required to do away with such contracts. The implication here is that, the employment flexibility which organisations previously had has now been removed. Some of the positive implications are that, a few employees who had been on fixed term contracts were employed on a permanent basis after the changes came into effect. Employees experienced greater job security and were offered much needed benefits such as medical aid, pension and disability benefits. Permanent and fixed term contract employees are now treated equally. Part-time employees have better job security and the enhanced ability to enforce statutory rights in terms of equal treatment in employment by evoking enforcement mechanisms such as the Commission for Conciliation, Mediation and Arbitration (CCMA), labour courts and bargaining councils with jurisdiction to arbitrate matters. / Business Management / M. Com. (Business Management)

Thesis (MComm)--Stellenbosch University, 2013. / This study will focus on conflict within organisations in the attempt to gain clarity on this very common phenomenon and to link conflict to financial cost. By gaining a financial grip on conflict this study attempts to give the reader the tools with which to estimate parameters and calculate financial costs within their own conflict situations. The reader will also be able to motivate the need for management to invest in pre-emptive conflict resolution structures. The study will focus on a sample population from the mining sector in South Africa. A multiple case study approach is used in order to understand the intricacies that make conflict a variable, situation-dependant occurrence after which data is collected to calculate a preliminary estimate of the financial costs incurred by the organisation due to hostilities within the sample population. The results of the study indicate that the samples chosen experience different types of conflict and also manage the conflict in different ways. The calculations reflect that conflict impacts on the organisation in a fiscally prominent way. Each case has its own unique major contributors to monetary costs incurred due to conflict depending on case specific attributes. The results clearly show that the financial cost of conflict has a severe impact on an organisation. The structured analysis provided by the study gives the reader a method with which to calculate the costs of conflict within other cases where conflict is assumed to have a negative impact on performance. In this way it becomes easier for the practitioner to effectively motivate for preventative action.

This thesis focuses on trade union responses to casualisation of labour in the Eastern Cape. In the context of increased globalization, some employers have attempted to achieve high production outputs while saving on operational costs. The ‘flexible firm’ model is used as but one theory to explain increased flexibility in the workplace. In an effort to achieve increasingly flexible firms that may swiftly respond to subsequent challenges such as increased international competition, employers have been seen incorporating more non-standard workers in the form of casual, temporary, part-time, and seasonal workers. This has been a matter of concern for the unions for numerous reasons: some nonstandard workers are subjected to sub-standard working conditions, irregular working hours and little or no benefits; casual work is arranged in such a way that it is virtually impossible for these workers to join a union – a predicament which bears a high possibility of a decline in the typically standard worker–based membership of trade unions; and non-standard workers are often faced with the representation gap predicament which entails that they are not adequately protected by labour legislation. The thesis explores the responses of trade unions to these challenges, and the proposals that they have made in this regard, by focusing on the sectoral dynamics of non-standard labour in the province. It further discusses the regulation of non-standard labour, as poor representation of some non-standard workers bears consequences for the regulation of the practice of non-standard work. The research adopted qualitative research techniques in the form of semi-structured interviews, and used purposive and snowball sampling in accessing relevant data for analysis purposes.

The dissertation deals with the disciplinary process of the South African Police Service - perceptions and preferences of members in the North Rand area of the Gauteng Province. A research question " How members of the SAPS in the North Rand area of the Gauteng Province perceive the disciplinary process" is investigated in this study. The researcher has conducted a quantitative research in the North Rand area of the Gauteng Province using questionnaires and literature study as the research method. The answer to the research question in this study is that members of the SAPS have a negative attitude towards the disciplinary process of the SAPS. There is also uncertainty about the duties of certain role players during the disciplinary process. / Public Administration and Management / M.A. (Public Administration)

This research was undertaken within the broader concept of Corporate Social Investments and how this concept is integrated within the context of staff retention and what this means for business and creating employment opportunities for people with disabilities. Illustrated through the description of CSI literature and intending to explain the link between CSI and employee retention, research questions presented as part of the outcomes for the research examines notion that there is a relationship between Corporate Social Investment and Employee Retention. Reference to the case study "Rhodes / Kuyasa Partnership" illustrates how such partnerships attempt to create opportunities for the community, the organisation, people with disabilities and employees at large. The case study was written to be used as a teaching case study in the context of Human Resources, Business Sustainability and Corporate Social Investment. The effectiveness and viability of the Kuyasa / Rhodes partnership will highlight acceptance and or non acceptance of people with disability by the non-disabled workforce. This case study will highlight CSI linkages that lead to staff retention, higher job satisfaction, lower turnover of staff, enhanced community engagement, creating opportunities that accommodate people with special needs, developing models that can be replicated in other organisations, creating additional opportunities for existing staff. Metcalf (2008:61) suggests that organisations need to ensure that the leadership and organisation culture within organisations is appropriate to engage staff with disabilities and non-disabled staff, and that their most senior managers demonstrate their commitment to develop, and help others develop, in the same way. The Kuyasa Rhodes Partnership may have started off as a Retention Strategy, however has given rise to a social initiative that can be replicated in other enabling organisations. The case study material was acquired through one on one interviews, and a focus group session on the effectiveness with the retention of such employees with intellectual disabilities, internship and mentoring issues, and as well as issues such as affirmative action, and the benefits and shortcomings of staff retention to the organisation. Key stakeholders interviewed for this case study expressed differing view -points, and in particular the benefits and shortcomings of this initiative. The Rhodes Kuyasa initiative appears to have achieved some success in enabling young adults / learners to work in a mainstream working environment by developing employment skills and life skills, and by improving their employment opportunities. Factors critical to the continuation of such initiatives included: the close involvement with both partners (Rhodes and the Kuyasa Special School), the sensitive treatment of the learners, and creating internal departmental partnerships within the Rhodes environment. A selected group of ten learners were mentored and provided with full time employment within the industrial Campus Food Services facility. Discussion that was highlighted in the case study must give consideration to a more investigative approach into overcoming the barriers of discrimination in the workplace and the major barriers to skills development. These have highlighted a number of relatively consistent themes around what were the successful and unsuccessful strategies. Integration of people with disabilities within the Rhodes University service areas has had positive effects for the disabled learner and employee workplace. People with disabilities indicated on how having mainstream employment allowed them to be independent, have a purpose in life and enhance their self worth in their communities and place of employment. Furthermore, being employed had positive repercussions on the person‘s co-workers. By demonstrating their competence, people with disabilities have had significant impact on other people‘s attitudes to disabled persons. Discussions held with the Principal of the Kuyasa Specialised School highlighted the need for crucial planning within special schools for disabled people in the area of transition from school to skills development and work. Skills development guidance is important in ensuring a choice of relevant interventions and obtaining the necessary information. Some staff expressed frustration at being with co-workers who questioned their presence and placement in the kitchen environment. Even though the disabled person was suitably placed they faced stereotypical behaviour and attitudes from their co-workers on what people with disabilities can or cannot do. Staff with intellectual disabilities commented that their co-workers see them as needing constant attention and care and not being capable of working. Some of the staff with disabilities had to work much harder to be recognised by their co-workers and supervisors. Currently few people with disabilities seem to be receiving career guidance while at school, as reflected in the case studies. One person with an intellectual disability described how the intervention of developing a comprehensive school leaving plan, which was then implemented by the school, allowed for good transition from school to Rhodes University. The role of personal factors such as life skills, personal motivation, the desire for personal achievement and a positive attitude were common themes that came out of the focus group. Initiatives to ensure that people accept themselves, their circumstances and are able to express their desires and realise their dreams are important factors. In addressing the barriers, co-worker attitudes make a big difference to how effectively the disabled person is able to participate in the training and employment. The future focus must be enabling and in line with successes and failures in the areas of employee integration in the workplace, life-skills development for people with disabilities. A clear career guidance plan should be developed for all disabled children before they leave school. This plan should include provision of adequate information on different career options and training. The negative attitudes of co-workers and supervisors should be changed by providing training support to ensure that they feel confident to meet the needs of disabled staff. Employers should be providing support and information on how to meet the needs of disabled employees. People with intellectual disabilities are an integral part of the South African population. Business and social enterprises need to have a focused inclusive strategy to integrate people with intellectual disabilities within the South African society to ensure equity and diversity awareness. Working with people with intellectual disabilities has been the focus of this research to ensure long term sustainable employment, CSI and Employment equity. Integrating Corporate Social Investment policies with Human Resources Equity policies are important factors in ensuring that people with intellectual disabilities are a fundamental focus in recruitment and retention strategies within business and social enterprises. Initiatives such as the Kuyasa / Rhodes Partnership are attempting to align to the overall objectives of incorporating people with intellectual disabilities into mainstream work, in particular, with the objective of incorporating people with disabilities in some accessible sections within the organisation. This contributes to the Rhodes University Campus Food Services becoming an example of excellence in the CSI and employee retention field. It is hoped that this teaching case study will make an important contribution to students learning about sustainable business practices, and for business focusing on employment recruitment and retention strategies to integrate people with intellectual disabilities within their organisations.

This research investigates the relationship between leadership and internal customer satisfaction, also called employee satisfaction in this document. The research is conducted within an automotive manufacturer situated in the province of Gauteng, South Africa. The Service Profit Chain forms the foundation on which this research is based as it suggests that the various factors within the service delivery system of an organisation ultimately affect the success of an organisation. From the Service Profit Chain, it is established that a factor that affects employee satisfaction is the leadership within the organisation. The Full Range Leadership Development Theory provides the backbone for analysing the leadership style of each manager by using the Multifactor Leadership Questionnaire. The company’s employee satisfaction model provides the theoretical construct against which the employee satisfaction of the managers’ subordinates is measured using the company’s employee satisfaction questionnaire. Information was gathered from the managers who rated their leadership styles as they perceived it; and from their respective subordinates who rated the managers’ leadership style as they perceived it and also their satisfaction as employees as they perceived it. Data obtained from each instrument, for the respective managers, was then statistically analysed. The reliability of the data could not be proved for some of the factors of the 2 research instruments. However, this research found a statistically significant relationship between transformational leadership and some factors of employee satisfaction, albeit a weak relationship. The null hypothesis was rejected and the alternate hypothesis accepted. A statistically significant relationship exists between leadership style and employee satisfaction levels within an automotive manufacturing organisation.

This thesis focuses on the labour process within the minibus taxi industry in East London, South Africa. This industry is structurally situated within the informal sector or economy but is marked by contradictory processes of formalisation and in-formalisation. Though the taxi industry seems to straddle the formal and informal economies in South Africa, the study is conceptually framed in terms of the informal sector but in a critically-engaged fashion. The very distinction between formal and informal economies, whether in South Africa or elsewhere, is open to dispute; and, even if accepted, there are differing conceptualisations of the relationship between the ‘two’ economies. Also, the conceptual clarity of the term ‘informal economy’ has been subject to scrutiny, given the vast range of activities it is said to incorporate. While the distinction between formal and informal economies may be a useful conceptual starting-point, this thesis demonstrates that it is analytically useful to speak of degrees and forms of formalisation and in-formalisation along a continuum, rather than to dichotomize economies. The thesis therefore analyses in depth the competing and tension-riddled processes of formalisation and in-formalisation in the minibus taxi industry, and with a specific focus on the labour process.

This thesis is in the field of Industrial Relations. It concerns a micro-level investigation of the dynamics of public sector industrial relations in post-apartheid South Africa. It focuses on the Tripartite Alliance between the African National Congress (ANC), the South African Communist Party (SACP) and the Congress of South African Trade Unions (COSATU) and explores what the Alliance relationship has meant for the traditional roles of employees and their representatives on the one hand, and employers and their representatives on the other. The thesis examines the political, organisational and societal contradictions and implications for COSATU public sector union affiliates and their members in their relationship to the ANC as an ally (via the Alliance) and the context in which ANC members form part of management (in government). The South African Municipal Workers’ Union (SAMWU) was used as an archetype of a COSATU public sector union affiliate that engages with the State as employer at the municipal level. It is a case study of Makana Local Municipality (Eastern Cape Province, South Africa) using qualitative research techniques and content analysis to derive the relevant information. The author conducted a series of in-depth interviews of key informants and observations at Makana Local Municipality were done. Based on the empirical data obtained from the investigation, the thesis argues that the traditional roles in the employment relationship at the workplace have been affected by the political alliance. Industrial relations roles have become increasingly vague especially since many within local government share ANC/SACP memberships with members of the trade union. The study also highlights that within an increasingly globalising post-apartheid environment, the Alliance provides mixture of benefits and challenges for workplace negotiations and employment relations in ways that macro-level analyses of employer-employee relationships do not always capture.

This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

A study of silences: as a metaphysics of the law, juridification silences the text of the law in order to enable an allegorical reading of the law. This silencing of the legal text can only be avoided through a non-metaphysical archaeological reading. Similarly, the programme of comparative labour law is silent at its most pivotal points, leaving some concerns of the programme indeterminate and indeterminable. As context, the dominant discourses of the labour law systems of the Federal Republic of Germany (Tarifautonomie), Great Britain (collective laizzesfaire) and South Africa (fairness) are identified and the agents of the jurisprudence (the courts) are briefly outlined. The silence operating within the phenomenology of the labour judiciary and the concept of a 'court' is also examined. The study then proceeds to read, in an archaeological manner, the industrial action jurisprudence in Germany, Great Britain and South Africa, such readings again yielding silences within the discourse of the law. The silences occurring throughout (and the resulting normative breaches in the rationality of the legal discourse) are the prerequisites for juridification, a process in terms of which the metajuridical standard is imported into the legal normative system and thereby rendered part of the archival discourse of the law. / LL.D.