M.Com. (Business Management) / A higher standard of living is one of the greatest needs of the South African population. Labour movements believe that a higher standard of living can actually be achieved by paying higher wages. Unfortunately higher wages are demanded and paid at the expense of productivity which is a vital ingredient for economic growth and ultimately economic survival. Employers within the South African economy can address the low productivity ratios through the implementation of performance related schemes. Gain sharing is one of many interventions management can implement to achieve greater performance through labour. By implementing a gain sharing scheme management is able to relate pay to performance and address efficiency ratios which ultimately affects the competitiveness of South African goods and services against world competitors.

Magister Legum - LLM / This paper investigated how the law of industrial action is shaped in South Africa and in Germany, which specific problems occur in South Africa and Germany, and how the different legal systems solve these problems. It also compared the different legal approaches of these two countries. / South Africa

Regular strike action has become a central characteristic of the South African industrial relations system. Whilst in the 1950s strikes were mostly isolated outbursts of relatively short duration, strikes in the 1980s were challenges of unprecedented duration and intensity. It is argued that despite this dramatic change, reflecting a series of discontinuities in both the political and economic arenas, strike action in South Africa does follow distinct patterns, and can be ascribed to a combination of identifiable causes. Principal causal factors include wage aspirations, past experiences and the subjective interpretation thereof, and the role of the union movement. Contingent factors include the prevailing political climate, industrial relations legislation, the amount of information opposing sides possess of their adversaries' intentions as well as spatial issues, such as the internal dynamics of individual communities. Partially as a result of South Africa's political transformation, the late 1980s and early 1990s saw further changes in the industrial relations environment. Reflecting these developments, it is argued that a new type of trade unionism has developed, "coterminous unionism" . This will have far-reaching implications for the nature of industrial conflict. However, it falls fully within the theoretical parameters outlined in this thesis. Despite significant developments in social theory in the 1980s and 1990s, there have been few attempts accordingly to update theories of strike action. One of the objectives of this thesis has been to attempt such an update. It is hoped that the constructs developed will shed light on a widely prevalent form of social conflict, assist in the analysis of future outbreaks, and enable the identification of those situations where a high propensity to engage in strike action may exist.

The majority of South African public schools are not performing well and this is particularly true of the schools in the Eastern Cape Province. Many factors including teacher union strikes contributed to this situation. Teachers’ unions went on strike without considering the rights of learners. The aim of this research was to determine the extent to which teachers’ unionized strikes influence the quality of teaching and learning at selected high schools of Port Elizabeth in the Eastern Cape Province and to determine ways in which the teacher unions can also protect the rights of learners to achieve quality education in these selected high schools. The research consists of a study of relevant literature, followed by a qualitative research design. The sample group consisted of Grade 12 teachers, deputy principals and site stewards from four high schools in the Port Elizabeth District. The researcher trusts that her understanding as presented in the research findings and recommendations will benefit not only herself but will empower all the teacher unions’ members and learners coping with the stress of teaching and learning at times of strikes.

The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.

This treatise discusses the increasing of the procedural and substantive limitations on the employees’ right to strike. The Constitution permits the right to strike to be limited in terms of the laws of general application. The Labour Relations Act (LRA) is a good example. Such limitation must be reasonable and justifiable in an open and democratic society, based on human dignity, equality and freedom. The study sought to investigate whether further increasing the existing limitations on the right to strike unduly breaches employees’ Constitutional right to strike and the purpose of the LRA. Further, the study sought to find out whether the additional content requirements in the strike notice amount to importing into the LRA additional limitations on the fundamental right to strike that enjoys no textual support. Through an extensive literature review, the findings arguably show that indeed further increasing the limitations on the employees’ right to strike may unduly infringe their right to strike. Moreover, the increase of the content requirements in a strike notice creates an unnecessary hurdle to employees wishing to strike. One of the most important finding made is that instead further increasing the limitations on the right to strike, going back to the basics of negotiation to alleviate strikes, particularly wage-related strikes is vital. To achieve this, it is important for employers to re-establish social and individual relationships with their employees, whereby they become aware of the issues that employees face on a daily basis. Also, establishing proper workplace dialogue and forums would assist employers in becoming aware of employees concerns. This would thereby prevent strikes, as problems can be dealt with beforehand. The findings above informed in the recommendations at the end of the study.

South Africa emerges from a history where, workers, and in particular African workers, were excluded from enjoying labour rights and particularly the right to strike, without consequences. Participation in industrial action was treated as a delict or even a criminal offence by employers and the state. A history where participation in a strike was treated as breach of contract and therefore the employer could dismiss striking employees at will. The first democratic elections in South Africa introduced a Constitutional democracy. The Constitution introduced the Bill of Rights in terms whereof the right of every employee to form and join trade unions and to participate in its activities and programmes and to strike was entrenched. Section 27 of the Constitution provides that national legislation shall be enacted to give effect to its purpose and to regulate labour matters, hence the Labour Relations Act of 1995. This study will show that the Labour Relations Act of 1995 marked a major change in South Africa’s statutory industrial relations system. Following the transition to the new political dispensation and a democratic system, the LRA encapsulated the new government’s aims to reconstruct and democratise the economy and society. It ushered in a new order where employers and workers had the opportunity to move away from the adversarialism that had characterised their relations in the past. It promoted more orderly collective bargaining and greater co-operation at workplace and industry levels, and provided an expeditious dispute resolution system. This study also takes a closer view of the provisions of international instruments and institutions such the International Labour Organisation and it, further, does a comparative analysis of the provisions of strike law in other jurisdictions like the United States of America, Canada and the United Kingdom. This study shows further that, while South Africa has democratised the workplace and done away with legislation, policies and practices that discriminated against the majority of the workers and deprived them of the rights that were otherwise enjoyed by their white counterparts to form and join unions and to participate in the activities of the unions, including participating in a strike and while it has made provisions for a protected strike under the LRA and while South Africa has tried to level the playing field and brought some equilibrium in the power between workers and employers, the very same right to participate in a strike and to compel employers to accede to their demands is taken away by the provision in the LRA that allows employers to lock them out and replace them with temporary workers.

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Orientador : Michael McDonald Hall / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas / Made available in DSpace on 2018-07-18T17:50:56Z (GMT). No. of bitstreams: 1 Costa_Helioda_M.pdf: 7760285 bytes, checksum: 8d11130525e4f0e690ca4e0b026b70e3 (MD5) Previous issue date: 1993 / Resumo: Não informado / Abstract: Not informed / Mestrado / Mestre em História

Orientador: Armando Boito Junior / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas / Made available in DSpace on 2018-07-19T00:57:22Z (GMT). No. of bitstreams: 1 DiasFilho_GuilhermeCavalheiro_M.pdf: 2860113 bytes, checksum: 1937eeb429d27ba933e1a893e9444db4 (MD5) Previous issue date: 1994 / Resumo: Não informado / Abstract: Not informed. / Mestrado / Mestre em Ciência Política