Thesis (M.P.A.)--University of Hong Kong, 1991.

This research was prompted by the apparent lack of innovation in the South African construction industry. The aim was to obtain a better understanding of the state of innovation. The strategy involved engaging construction contractors in the mining industry to obtain information regarding their view of innovation in the construction industry. Data was collected following a mixed-method strategy. A literature review, interviews, a focus group and questionnaires formed part of the data-gathering strategy. A number of findings emerged from the study, notably that innovation is important for a contractor to facilitate differentiation, and to be more competitive. The industry has high levels of competition and low entry barriers. Relationships are complex, with clients demanding complex structures to operate at low cost and within tight schedules. Levels of investment in research and development (R&D) are generally low. There are not enough experienced and trained role-players, and the level of trust between role-players needs to be strengthened. Cooperation between industry and academics, and investment in R&D is insufficient. Government focuses too much on the empowerment of previously disadvantaged individuals, ignoring the innovation history and experience of potential contractors, which means that contractors are not motivated to be innovative. As a legislator, government is viewed as hampering innovation by not ensuring that the training of artisans is up to standard, by enforcing labour laws which do not allow for the easy transfer of skilled employees, and by neglecting to assist underperforming apprentices in improving their skills. / Dissertation (MSc)--University of Pretoria, 2014. / gm2014 / Construction Economics / unrestricted

Between 1664 and 1885 labour in Sweden was regulated by compulsory-service statutes. Able-bodied but idle persons could be compelled to submit to em­ployment as a servant. Compulsory service was part of a larger system of laws and regulations that regulated mobility, settlement, begging, and poor relief, all of which aimed at restricting the labouring poor’s freedom and agency. Some parts of this system had medieval roots, such as vagrancy laws. From the per­spective of the propertied classes, this system of interacting regulations served several purposes, such as fighting idleness, labour shortage, high wages, begging, demands for poor relief, unwanted settlement in the parishes, and geographical movement. The obligation to serve was abolished in 1885. Failure to comply with these service statutes was punishable by being treated as a ‘vagrant’, which could mean being jailed in a house of correction, or simply being ordered to find employment within a specific time. In short, it was illegal to be without work or other means of supporting oneself, such as property. The purpose of this thesis is to analyse the social practices of the compulsory-service statutes and related issues such as mobility and settlement. The thesis has dealt with four areas of inquiry: the judicial framework, the policing of ‘vagrancy’, in what situations people were exempt from having to comply with the compulsory service statues, and the identity of the ‘vagrant’. The system for dealing with ‘vagrancy’ has left a large number of sources, and different sources give different images of the poor. This applies most clearly in the case of the Swedish Romani population, the Resande.  The thesis deals with the county (län) of Västmanland during the 1830s. It highlights how the compulsory-service statutes and related vagrancy laws shaped the lives of people and points to how these institutions restricted poor people’s agency and formed their experiences.

Thesis (LLM (Labour law)) --University of Limpopo, 2013 / The study will analyse section 198 of the Labour Relations Act of 66 of 1995. The section is the founding provision of labour broking and also provides for joint and several liabilities between the client and the broker in instances of infringement of this section. The utilization of labour brokers in South Africa has sparked debates between various stake-holders, with the other side arguing that labour broking should be banned it diminishes the rights of employees. In order to resolve the challenge relating to labour broking the study will make comparative analysis with the Namibian jurisprudence. The study takes full cognize of legislative framework governing labour broking and determines whether the available legislation provide full protection of labour rights. Through case law the study will highlight the constitutional challenges o labour broking in South Africa and challenges faced by employees employees employed through labour broking. The study concludes tht the regulation of labour broking is appropriate as the industry creates employment nd thus alleviates poverty and that the total ban labour broking in South Africa would be detrimental to those who seek employment without the necessary skills and qualifications.

The implementation of Employment Equity involves the Government’s Labour Department, employers, employees, trade unions, shareholders and customers. The Labour Department insists that a designated employer must prepare and implement an Employment Equity Plan which will achieve reasonable progress towards Employment Equity in that employer’s workforce. The focus of this study was to establish the impact of the implementation of Employment Equity and Affirmative Action in the workplace. This study focused on employees’ perceptions and attitudes towards the implementation of Employment Equity and Affirmative Action. The main variables addressed by this study included staff turnover, training & development, impact of Employment Equity Forums, staff morale and attitudes towards the call to end Affirmative Action. The objectives of this study were to establish the impact of Employment Equity on the following key business variables: promotions and career paths, employee retention, employee turnover, employee morale and employee working relationships. The study followed a quantitative approach with a web-based questionnaire which was constructed using an online questionnaire which was distributed to the respondents electronically. A non-probability sampling method was utilized to achieve set objectives. According to the findings, most employees have not benefited from the implementation of Employment Equity and Affirmative Action. This results to different views between previously disadvantaged groups, especially Africans and White males. The results showed that Whites are calling for an end to the implementation of Affirmative Action policies while Africans feel that Affirmative Action should carry on for a little longer. The implementation of Employment Equity and Affirmative Action negatively affects Whites’ morale at work and results to poor working relationships amongst different race groups. It is also observed from the findings that Employment Equity and Affirmative Action is not directly linked to job hopping, contrary to the general perception. It is witnessed from the study that those who have benefitted from Employment Equity and Affirmative Action were very supportive of it. In order to improve the effectiveness of Employment Equity organisations need to: provide training and development for appointees, develop career paths for individuals, and introduce Equity forums where employees can discuss challenges faced by Affirmative Action appointees. However, the principle of fairness has to be a part of all Equity practices. / Thesis (MBA)-University of KwaZulu-Natal, Westville, 2011.

This paper focuses on the issue of constructive dismissal in terms of s186(e) of the Labour Relations Act 66 of 1995 which defines dismissal to include circumstances where an employee resigns because the employer has made continued employment intolerable. The purpose of this paper is to explore and describe case law on this issue and to consider what type of conduct has been regarded as intolerable by the courts in order to determine whether or not a case for constructive has been met. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

No abstract available. / Thesis (LL.M.)-University of KwaZul-Natal, Durban, 2013.

Thesis (M.A.)--University of Hong Kong, 1995. / Includes bibliographical references (p. 77-81).

Historically, labour dispute resolution in South Africa has been synonymous with being expensive, unnecessarily lengthy and ineffective. The Labour Relations Act (LRA) 66 of 1995 set out to change this through the creation of the Commission for Conciliation, Mediation and Arbitration (CCMA). The design of the CCMA is centred on a dispute resolution institution that adopts a quick, cheap and non-legalistic approach to dispute resolution. Through the introduction of compulsory arbitration for specified dismissal and unfair labour practice disputes, the LRA granted the CCMA the mandate of upholding the objectives of industrial peace and reducing exorbitant legal costs. The outcome of arbitration proceedings conducted under the auspices of the CCMA are final and binding. Accordingly, this sui generis type of proceedings aimed at being cheap and informal has several implications. The adherence to traditional legal principles, in particular the rules relating to the presentation and admissibility of evidence cannot be adhered to rigorously in a forum where parties are unrepresented and that has informality as a defining feature. This paper set out to examine the proposition that based on various statutory powers; arbitrations are to be conducted informally and free from legalism- which necessarily entails a relaxation if not elimination of the traditional exclusionary rules pertaining to the presentation and admission of evidence. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

This research is an investigation into the Apil B as a culture fair assessment tool for the purpose of recruitment and selection. The Employment Equity Act stipulates that "psychological testing and other similar assessments are prohibited unless the test or assessment being used :-a) has been shown to be valid and reliable b) can be fairly applied to all employees and c) is not biased against any employee" (Employment Equity Act, 1998). The primary objective of this research is to evaluate the Apil B with regard to validity. reliability, cultural fairness, and bias via a consideration of the attitudes, opinions, and feelings of psychometric test administrators in the Kwa-Zulu Natal region. The secondary objective is to ascertain whether the Employment Equity legislation has influenced the attitudes of test administrators toward psychometric testing, and the implications for psychometric testing in South Africa following the Act. The sample in this research consists of 20 qualified test administrators of the Apil B. The administrators are affiliated with the following companies : Beacon, Durban Electricity, Profiled Appointments, Mondi, McCann and Associates, Saunders and Associates, Tetrapak, lthaJa, and Mangosuthu Technikon. Qualitative and quantitative methods are used. A self-administered questionnaire is used to investigate the attitudes, opinions, and feelings of the respondents toward the Apil B as a culture fair assessment, specifically in relation to validity, reliability, cultural fairness, and bias. Although most of the questions are qualitative, quantitative questions are also included. Therefore, this research requires numerical data as well . The quantitative questions include yes and no responses, as well as rating scales. The quantitative data supplements the qualitative data and therefore facilitates a more concrete data base. The results indicate that all respondents feel that the Apil B is valid, reliable, culture fair and fairly applied . Respondents feel more positively toward the new updated psychometric tests. They expressed greater confidence in terms of knowing which tests are inappropriate and which tests are relevant to specific jobs. It is also evident that the Employment Equity Act has strongly influenced the attitudes of respondents, in a very positive light, toward the use of psychometric testing. The respondents do however mention some concerns with regard to language based tests, and the ethical use of tests. According to the research conducted, the Apil B is regarded as a valid, reliable, and culture fair assessment tool in the opinion of the respondents utilised in this study. It is therefore recommended that the Apil B is used in organisations as a test that does not discriminate against any culture or subculture. / Thesis (M.A.)-University of Natal, Durban, 2000.