The main premise of this treatise is to discuss the Mauritian Law of Procedural Fairness within the context of Dismissal for Misconduct: A comparative study with the South African Doctrine of unfair Labour Practice. It analyses in detail the types of misconduct that eventually leads to the dismissal of an employee. The dismissal has not only to be substantively fair but also procedurally fair. To support the views expressed in the research, reference has been made to labour law cases decided mainly in Mauritius and South Africa. There are, however, references to other jurisdictions such as India, England, Australia, Namibia. The major constraint that the researcher encountered was the unavailability of decided cases referred from the Industrial Court of Mauritius. Most of the cases referred to in the Mauritian context are the Supreme Court decisions on dismissals due to misconduct. Thus for lack of relevant cases in Mauritius, there is a heavy reliance on cases decided in South Africa and other jurisdictions. These references have constructively enhanced the legal dimension of the topic under discussion. / Thesis (LL.M.)-University of Durban-Westville, Durban, 2001.

Thesis (LLM (Labour law))-- University of Limpopo, 2010.

Work plays a dominant role in modern society. It is through work that the economic well being of any society is sustained. Workers who perform various tasks contribute to the well being of society as well as to their betterment as individuals. Thus paid employment has assumed a prominent role in modern society. It is an incentive on individuals to contribute to socio-economic welfare, while their needs and aspirations as individuals are also satisfied. But for an orderly society to exist, there has to be a subjection of some members of society by others, a division between those who have the social mandate (express or tacit) to exercise power for and on behalf of others. Thus work relations comprise those who exercise managerial power(employers) and those subject to managerial power (employees). In broader political relations, the task of social management is performed by the state. However those exercising managerial functions do not have unfettered discretion. Power should be exercised within acceptable social limits and be used to achieve realistic social goals. Thus it has been felt that the laws should always ensure that the incumbents of governmental power do not exceed the scope of their power or abuse it. Hence the process of judicial review. This gives the courts the power to review the decisions of administrative authorities in order to protect individual citizens who might be adversely affected by bad administrative decisions. This analogy has been applied in employment relations in order to protect individual employees against arbitrary dismissal by employers. It has been held that an employee cannot be dismissed without a valid reason and in compliance with a fair procedure. The question asked here is whether this is sufficient to ensure substantive employment protection. Is judicial review really effective in employment relations? It is observed that judicial review in labour law has many limitations as compared to the administrative law context. First, it comes face to face with the problem of the public/private law distinction, which holds the employment relationship to be fundamentally a private relationship between the employer and employee. This complicates the application of public law remedies in supposedly private relations, where the parties are assumed to have freedom of contract. The second problem involves the debate as to whether the state should impose many restrictions on the modern corporation or there should be minimal state intervention to allow the corporation to function in accordance with the labour market demands and economic necessity. It is concluded that the law of unfair dismissal has consequently been put in a dilemma. While the need has been perceived to curb the arbitrary use of managerial power by employers, substantive employment protection can hardly be guaranteed. The problem seems to be that of striking the balance between the interests of employees, employers and society at large. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1995.

This paper critically evaluates Transnational Corporations' (TNCs) claimed adherence to the Global Reporting Initiative (GRI)'s "labour" and "human rights" reporting guidelines and examines how successful the GRI has been in enhancing comparability and transparency. We found limited evidence of TNCs discharging their accountability to their workforce and, rather, we found evidence to suggest that disclosure was motivated more by enhancing their legitimacy. TNCs failed to adhere to the guidelines, which meant that material information items were often missing, rendering comparability of information meaningless. Instead, TNCs reported large volumes of generic/anecdotal information without acknowledging the impediments they faced in practice.

At the outset of this treatise the development of the unfair labour practice is traced. The point is made that common law knows nothing about fairness and it is pointed out that the concept was introduced as a statutory concept in 1979. In 1995 the development of unfair labour practices since 1979 was relied upon to provide a list of unfair labour practices. The main thrust of the treatise concerns an evaluation of an unfair labour practice relating to benefits – listed presently in section 186(2) of the Labour Relations Act. Reference is made to Industrial Court cases and case law since 1996 is considered and commented upon. In particular, the issue of remuneration not being a benefit, and the fact that interest disputes are not justiciable as unfair labour practices for instance are canvassed.

Magister Legum - LLM / This research aims to explore the available legislative protection afforded to atypical employment, with specific reference to fixed-term workers. Atypical, employed workers, such as fixed-term workers, are often exploited as they do not always enjoy the same rights as typical employees. Hence, they are in a precarious position with regard to employee benefits and rights. Common law provides for the automatic termination of a fixed-term contract of employment on a specific date, typically either as stipulated in the contract or upon completion of a project or task. The Constitution of South Africa, however, provides for the right to fair labour practices for everyone. In 2014 section 186(1)(b) of the Labour Relations Act (LRA) was amended, while section 198B was added as a completely new section. Together these sections are aimed at providing increased protection to fixed-term workers.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

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.

<p>As one of Europe’s largest-producing actors in the energy sector with a wide energy mix, Vattenfall has a great responsibility to contribute to sustainable development of society. To do so, economical, environmental and social aspects need to be balanced in a responsible way. This is done through acting social responsible or in other terms, addressing corporate social responsibility (CSR) in the company’s business activities. Electricity and heat constitute one of the prerequisites for a modern society. However, it has always been a highly debated industry due to its inevitable impact on the environment and society. This makes it crucial for Vattenfall and its operations to act as responsible as possible and listen to the stakeholders and take their expectations into account in the business decisions process. Vattenfall has a long history of being criticised for its activities by NGOs and media. However, Vattenfall´s main task is to deliver electricity and heat to the society, which means that Vattenfall must continue to deliver secure energy supply to its markets, but with as little negative impact on the environment and society as possible.</p><p> </p><p>Vattenfall is through its operations, its value chain, its use of technology and the markets on which it operates, exposed to risks associated with the areas human rights, labour, environment and anti-corruption. These “CSR risks” can harm the reputation, brand and image if they are not managed in a proactive and effective way. In order to manage CSR risks and emerging CSR issues, the company needs to catch and respond quickly to new trends and expectations raised by opinion formers, which often are expressed through the media and the Internet. The aim of this study is to provide Vattenfall with a tool to do so. Through identifying the main CSR risks related to its operations, awareness about Vattenfall’s vulnerability areas are created. The result shows that the largest CSR risks for Vattenfall are technology related, i.e., connected to the fuels used in Vattenfall’s power plants and their value chain. This knowledge can be used when addressing CSR in the organization.</p><p>Still, a direct solution to manage CSR risks and emerging CSR issue is needed. The second purpose of this study is to propose a process for a CSR issues management at Vattenfall. The aim of such an issues management is to provide the company with a tool to identify, analyse and manage emerging issues. A CSR issues management will provide Vattenfall with a tool to respond to emerging issues before they become public knowledge. It should scan and collect external and internal information, identify relevant information for Vattenfall, monitor ongoing and emerging CSR issues/concerns/debates and report to relevant functions in the Vattenfall organization.</p>

As one of Europe’s largest-producing actors in the energy sector with a wide energy mix, Vattenfall has a great responsibility to contribute to sustainable development of society. To do so, economical, environmental and social aspects need to be balanced in a responsible way. This is done through acting social responsible or in other terms, addressing corporate social responsibility (CSR) in the company’s business activities. Electricity and heat constitute one of the prerequisites for a modern society. However, it has always been a highly debated industry due to its inevitable impact on the environment and society. This makes it crucial for Vattenfall and its operations to act as responsible as possible and listen to the stakeholders and take their expectations into account in the business decisions process. Vattenfall has a long history of being criticised for its activities by NGOs and media. However, Vattenfall´s main task is to deliver electricity and heat to the society, which means that Vattenfall must continue to deliver secure energy supply to its markets, but with as little negative impact on the environment and society as possible.   Vattenfall is through its operations, its value chain, its use of technology and the markets on which it operates, exposed to risks associated with the areas human rights, labour, environment and anti-corruption. These “CSR risks” can harm the reputation, brand and image if they are not managed in a proactive and effective way. In order to manage CSR risks and emerging CSR issues, the company needs to catch and respond quickly to new trends and expectations raised by opinion formers, which often are expressed through the media and the Internet. The aim of this study is to provide Vattenfall with a tool to do so. Through identifying the main CSR risks related to its operations, awareness about Vattenfall’s vulnerability areas are created. The result shows that the largest CSR risks for Vattenfall are technology related, i.e., connected to the fuels used in Vattenfall’s power plants and their value chain. This knowledge can be used when addressing CSR in the organization. Still, a direct solution to manage CSR risks and emerging CSR issue is needed. The second purpose of this study is to propose a process for a CSR issues management at Vattenfall. The aim of such an issues management is to provide the company with a tool to identify, analyse and manage emerging issues. A CSR issues management will provide Vattenfall with a tool to respond to emerging issues before they become public knowledge. It should scan and collect external and internal information, identify relevant information for Vattenfall, monitor ongoing and emerging CSR issues/concerns/debates and report to relevant functions in the Vattenfall organization.