This research set out to ascertain whether the employers of domestic workers within the Msunduzi Area do comply with the requirements of Sectoral Determination 7: Domestic Worker Sector. For domestic workers who were exploited during the apartheid era, this determination was perceived as a mechanism that would liberate them (Department of Labour, 2005, p.7). Trade unions use collective bargaining as a tool to fight for employee rights. Domestic workers are unionised, but their trade unions are not as powerful as their counterparts in the private sector (Department of Labour, 2005, p.7). According to Huber (2001, p.20), one of the reasons domestic workers were excluded from most labour laws was the belief that it would be difficult to check whether or not each individual employer complied with the laws. This problem still exists and needs to be solved. Government laws were meant to protect vulnerable workers from exploitation (mainly farm and domestic workers), but what is actually happening is that, rather than protecting employees from exploitation, they serve as corrective action. They are only implemented when there is a case between an employee and the employer. The government has a responsibility to protect vulnerable employees such as domestic and farm workers. The mechanism instituted by the government to protect domestic workers was through the promulgation of Sectoral Determination 7: Domestic Service Sector, which lays down minimum working conditions for domestic workers (Department of Labour, 2005, p.9). The main aim was to alleviate exploitation of domestic workers by the employers due to the power imbalance between these two parties (Department of Labour, 2005, p.9). This study compares what the employer offers to an employee in terms of wages, working hours, meal intervals and leave. From the observation of the research, little research has been done on the compliance or non-compliance with Sectoral Determination 7: Domestic Service Sector, within the Msunduzi Region. The outcome of the findings from this research were that the minimum salary for those employees who work more than five days are R727,60 instead of R861,90 and for those domestic workers who work for five days a week it is an average of R528,93 instead of R567, 79. The results indicated that many of the standards set down by the government are clearly not being met by the employers of domestic workers, for example minimum wages are not being paid and maximum hours are being exceeded. The determination stipulated that the maximum hours that should be worked a week is 45 hours and a maximum of nine hours per day; this was not in line with the standards, seeing that the average amount of time worked per week by respondents was 46.9 hours and 9.3 hours per day. As far as meals are concerned Sectoral Determination 7: Domestic Worker Sector, indicated that the standard should be an hour meal interval for every five hours worked. Respondents from this study disagreed that they were given an hour-long lunch time and reflected that the average time taken for meals was only 30 minutes. Finally, domestic workers need to have annual leave of 21 consecutive days (Department of Labour, 2005, p.9). This standard was not being met, as the average number of days being given for annual leave is 16.5 days. Maternity leave should be given as four consecutive months for domestic workers. It was found that 89,3% of domestic workers were given maternity leave of less than the stipulated four consecutive months. Domestic workers should be given five days' leave for family responsibility (Department of Labour, 2005, p.9). The respondents indicated that this was not adhered to, as the average number of days being given to the domestic workers for family responsibility was 1.4 days. Only 13,8% of domestic workers were granted five days' family responsibility leave and approximately 67,6% received less than five days for family responsibility leave. The study recommended that there should be some kind of government policy of doing consistent spot checks in different areas in the Msunduzi Area and possibly the rest of the country. This will require the Department of Labour to increase its manpower. More labour inspectors will be needed to ensure that this whole area is sufficiently monitored. The study revealed that union officials need to devise means and ways of coming into contact with domestic workers. Employers were expected to have a copy of Sectoral Determination 7: Domestic Service Sector available, within easy access of domestic workers. / Thesis (M.B.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which arbitrators are obliged to make reasonable decisions, the court (in confirming that arbitrators are so obliged) held that the obligation to do so suffuses section 145 of the LRA, and that the extended review grounds legislated under PAJA do not apply. In the present article these judicial conclusions are critically analysed and evaluated, and a number of submissions are made, inter alia: it is submitted that the Constitutional Court’s rejection of the “reasonable employer” test was premised on a fundamental misinterpretation of the test; that while the court’s attempt to locate the reasonableness standard within the LRA was perhaps justifiable, the court failed to consider properly, or at all, the wording of section 145 and its history, with the consequence that the court failed to appreciate that section 145 of the LRA (save on an unduly strained interpretation) could not conceivably be construed to cater, in itself and without more, for the constitutional right to lawful, reasonable and procedurally fair administrative action; and further, that the labour landscape post-Sidumo is, to an extent, unquestionably one bathed in greater uncertainty. In conclusion, the author poses the question whether, on a review of Sidumo, the Constitutional Court should not be considered to have fallen short of fulfilling its constitutional obligations under the rule of law.

Thesis (M.Tech.: Office Management and Technology)-Durban University of Technology, 2005 xv, 129 leaves / The Constitution contains the Bill of Rights, one that is regarded as the corner-stone of democracy, as it enshrines the rights of all people and affirms the democratic values of human dignity, equality and freedom. Section 9(1) provides for the promotion of a society in which diversity of identity is respected and protected. The Employment Equity Act 55 of 1998, stipulates that designated employers implement affirmative action, thereby compelling organizations to eradicate all forms of discrimination in organizational processes and procedures. With such legal measures put in place (Promotion of the Equality Act) acceptance and change within organisations has to be accelerated. The purpose of this study is to explore workplace discrimination against trainees within the Hotel and Catering industries. Workplace discrimination is against human rights and can become a legal violation of Labour laws. Although preventative policies are in place, this study would illuminate the extent to which discrimination occurs, how it has manifested itself, and how students would be affected by this discrimination.

Thesis (M.Tech.: Office Management and Technology)-Durban University of Technology, 2005 xv, 129 leaves / The Constitution contains the Bill of Rights, one that is regarded as the corner-stone of democracy, as it enshrines the rights of all people and affirms the democratic values of human dignity, equality and freedom. Section 9(1) provides for the promotion of a society in which diversity of identity is respected and protected. The Employment Equity Act 55 of 1998, stipulates that designated employers implement affirmative action, thereby compelling organizations to eradicate all forms of discrimination in organizational processes and procedures. With such legal measures put in place (Promotion of the Equality Act) acceptance and change within organisations has to be accelerated. The purpose of this study is to explore workplace discrimination against trainees within the Hotel and Catering industries. Workplace discrimination is against human rights and can become a legal violation of Labour laws. Although preventative policies are in place, this study would illuminate the extent to which discrimination occurs, how it has manifested itself, and how students would be affected by this discrimination.

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

Cancer is regarded as a global disease and one of the leading killer diseases in the world. The reason why cancer is so widespread and often misunderstood stems from multiple factors, namely, the lack of knowledge about cancer, unfair discrimination of persons living with cancer, inadequate or inappropriate treatment provided to patients, the stigma attached to cancer, misdiagnosis and late diagnosis of persons living with cancer, as well as the inadequate provision of screening programs to detect cancer at an early stage. The combination of these issues raises alarming medico-legal problems that merit further attention. The thesis will explore the origin, nature, philosophical and clinical aspects pertaining to cancer, as well as legal issues related to cancer and oncology. The study will conclude with recommendations aimed at mitigating and addressing the shortcomings that exist in the medico-legal framework. The study will also draw on a legal comparison of relevant South African, English and American laws and regulations. Since this thesis entails focussing on medico-legal principles, the study will draw on aspects of medical law, labour law, law of contract, law of delict, constitutional law and criminal law. / Private Law / LL. D.