Orientador: Marcia de Paula Leite / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Educação / Made available in DSpace on 2018-08-09T18:05:56Z (GMT). No. of bitstreams: 1 Balbino_ElaineCristinaMarquesdeSouza_M.pdf: 36557468 bytes, checksum: b88bf32fa8d83a1924e49c701b2e2100 (MD5) Previous issue date: 2007 / Resumo: Esta dissertação teve por objetivo analisar a discriminação de gênero que parece estar aliada à difusão de estereótipos desenvolvidos no ambiente do trabalho bancário, uma vez que nos parece relevante, porém ainda obscuro que, dentre tantas conquistas dessas trabalhadoras, elas não conseguem ascender hierarquicamente de maneira significativa. Passaram de recepcionista, na década de trinta, a gerente, na década de 90. Porém, observa-se que ainda hoje os cargos de maior status como superintendentes, supervisores, e diretores continuam maciçamente reservados aos homens. Nota-se que há barreiras que raríssimas vezes as mulheres conseguem transpor. Isso aos leva a questionar até que ponto é possível falar em ascensão da mulher no setor bancário ou se tem havido na verdade unia absorção da mão-de-obra feminina em prol da lucratividade. / Abstract: The aim of this dissertation is to analyse the discrimination issue against women who work at bank envgc*unent It seems that, despite of all the efforts and gains they have got lately, it was not enough for them to get ahead in the Institution. Until the late 30s, they were just receptionists yet they have come to be managers in 90s, and that's all. To reach a chairwoman position like a man, it is just a dream, an earn like him, it is out of touch. Everything make them mink if it is still worth discussing woman advance in a bank or it is just a matter of control the female labor to increase the bank profit. / Mestrado / Educação, Sociedade, Politica e Cultura / Mestre em Educação

The purpose of this study was to explore how women academics’ view their professional advancement at a higher education institution. From a South African perspective with its limited studies on this topic, revealed that women within higher education institutions felt isolated, alienated, and their ideas unheard. The challenge for South Africa remains the full empowerment of all women in higher education institutions ensuring gender equity, because it is within these walls that the solutions to our major challenges will be formulated. This empowerment must be about us, as women doing it for ourselves. However there are a number of barriers to women’s advancement in the academy, which resulted in women not being able to break through the “glass ceiling” and reach the pinnacle of their careers. Cultural restrictions placed on women often further aggravate these experiences. Undoubtedly, we have made great strides in attaining middle- management positions, but higher education institutions seems like a closed shop for women (Luke 1999) and lead to the description of the feeling of being outsiders in academia. My research essay was grounded within an interpretive paradigm and I employed qualitative methods for inquiry to demonstrate how women academics’ view their professional advancement at a higher education institution. Data for this study were collected via- semi-structured, in-depth interviews with twelve women from a South African higher education institution. I used the constant comparative method of data analysis to search for recurring themes and patterns. / Mrs. N.F. Petersen

Africa as no exception. It is generally accepted that women constitute the vast majority of sexual harassment victims. Sexual harassment is therefore one of the major barriers to women’s equality as it is a significant obstacle to women’s entrance into many sectors of the labour market. The Constitution now provides that no person may unfairly discriminate against anyone on grounds of, inter alia, sex and gender. The Employment Equity Act now provides that harassment is a form of unfair discrimination. It has been said that harassment is discriminatory because it raises an arbitrary barrier to the full and equal enjoyment of a person’s rights in the workplace. Much can be learned from the law of the United States and that country’s struggle to fit harassment under its discrimination laws. The Code of Good Practice on the Handling of Sexual Harassment Cases attempts to eliminate sexual harassment in the workplace by providing procedures that will enable employers to deal with occurrences of sexual harassment and to implement preventative measures. The Code also encourages employers to develop and implement policies on sexual harassment that will serve as a guideline for the conduct of all employees. Although the Code has been subject to some criticism, particularly regarding the test for sexual harassment, it remains a valuable guide to both employers and employees alike. The appropriate test for sexual harassment as a form of unfair discrimination has given rise to debate. Both the subjective test and the objective test for sexual harassment present problems. Some authors recommend a compromise between these two tests in the form of the “reasonable victim” test. The Employment Equity Act makes the employer liable for the prohibited acts of the employee in certain circumstances. The Act, however, places certain responsibilities on the employer and the employee-victim before the employer will be held liable for sexual harassment committed by an employee. Sexual harassment committed by an employee constitutes misconduct and can be a dismissible offence. An employer may also be held to have constructively dismissed an employee, if the employer was aware of the sexual harassment and failed to control such behaviour, and the employee is forced to resign. The test for determining the appropriateness of the sanction of dismissal for sexual harassment is whether or not the employee’s misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. However, for such a dismissal to be fair it must be both substantively fair and procedurally fair.

D.Phil. / Equality, status and remuneration of women in the workforce remain of on-going interest and concern. Although extensive research has been conducted into this field, intensely personal experiences of women in the work environment is an important area to be researched, as this may hold the key to assisting them in successfully reaching the higher echelons within the business world. Insight into women’s workplace experiences is a worldwide need in order to improve empowerment and equality in the workplace. Unfortunately this type of insight is lacking in the body of research that is currently available. The motivation for this study entitled: Towards Understanding Experiences of Women Aspiring to Senior Management Positions within a Business Environment was to examine the intensely personal experiences and emotions of women striving to achieve a senior place in the business hierarchy, especially when they encounter unexpected obstacles such as workplace bullying. The researcher has experienced many challenges that have influenced her career over her last ten years at work. Undertaking an auto-ethnographic study, an approach she wasn’t even aware of until 2006, provided her with the opportunity to study these events and experiences, and to learn from the knowledge gained, and thereby put forward suggestions to effect the social change that is required to improve a career woman’s quality of life. The aims of this research study were to understand the context of the research participants’ work situations and their resultant experiences, to propose actions to relieve the negative emotions and behaviours that may occur during such situations, as well as generate knowledge and add to existing theories. This research explores and describes the realities of two working women, and how they make sense of their worlds and experiences. The researcher has adopted elements of post-modernism as well as some positivistic and modernistic components which occur in varying degrees along the qualitative research continuum. While qualitative researchers hold different views regarding the incorporation and relevance of literature to their research topic, the researcher has incorporated both literature and theory in this thesis. Insights gained from the lived experiences of the research participants have been applied by means of analytical induction to relevant theory and contributeto the body of knowledge.

Magister Educationis (Adult Learning and Global Change) - MEd(AL) / This study investigated the attitudes and responses of male employees to the implemention of the Gender Equity Strategy and considered the implementation for the development of a gender education and training intervention. The study investigated the initial resistance to the introduction and implementation of the Gender Equity Strategy at the Polymer Plant by male employees. / South Africa

Previously, our workplaces were characterised by serious hardships emanating from labour laws which did not always cater for all areas of the employment relationship. South African female employees were without a clear legitimate remedial right precluding any severe violation and infringement to their fundamental rights resulting from their pregnancy; a task they did not opt for in the first place, but was instead, naturally imposed on them as a result of their gender category. Undoubtedly, many female employees were victims of unfair discrimination. The legislature therefore saw it fit to democratise the workplace by making rapid statutory interventions. As a result, a number of significant changes in various spheres of our labour laws were brought in. Amongst the greatly notable valuable changes was the introduction of the Employment Equity Act 55 of 1998. This piece of legislation has generally reformed our industrial society by bringing in the elimination of unfair discrimination and thereby enhancing the principle of equity in the workplace. The act has further touched a place within hearts of female employees for fear of discrimination as a result of their pregnancy status or any reasons related to their pregnancy. The act further codified Industrial Court decisions that were already established under the discrimination law jurisprudence from the Labour Relations Act 28 of 1956. The application of the provisions of the Act has made the employment relationship no longer to be a comfort zone for employers. These general changes to the law also impact on the dismissal law regime. The purpose of this treatise is to give an overview of the applicable legislation and contributions made by the Labour Courts in developing pregnancy dismissal and discrimination law. The Labour Courts have handed down few judgements that have helped in clarifying the provisions of both the current Labour Relations Act and the Employment Equity Act around the topic. One should hasten to say that this has never been a smooth process by the courts. It is further shown in this treatise that some of the court decisions were not well accepted in the light of other important considerations, such as the equality provisions of the Constitution. For the purpose of effectively dealing with this topic, this treatise contains a discussion of the historical context of discrimination law in the form of common-law position, and the discrimination law before the Bill of Rights and the Constitution. It then endeavours to identify the legislative provision of the Act when it comes to discrimination law provisions. At the same time the important court decisions that were made are identified and examined.

Sexual harassment is an ever increasing drain on the resources of the modern employer, as well as serving to take up much time in terms of legal battles and court cases. The concept of sexual harassment has undergone much revision over the past decades, and South Africa is now firmly committed to the eradication of this problem. The Constitution protects and enshrines important rights like dignity, equality and the right to fair labour practices. These are further defined and protected through the application of various statutes, including the LRA, EEA, PEPUDA and the revised Code of Good Practice. In terms of statutory liability, the employer will be liable for the harassment of its employees, unless it takes a proactive stance and implements comprehensive sexual harassment policies. In this way it will escape liability. The common law vicarious liability of the employer cannot be escaped as easily. The entire concept of the law of delict is to remedy harm suffered. In terms of the common law, employers will be held vicariously liable for the harassment of their employees if it can be shown that the harassment occurred within a valid working relationship, if the harassment actually occurred through a delict, and if the act occurred within the course and scope of employment. The best way for employers to minimize their liability for sexual harassment is the implementation of training and educational policies that serve to make employees aware of what is permissible in the workplace. This will aid the employer in showing that it has done everything possible to reduce the risk of harassment, which will in turn serve to reduce the employer’s liability. To protect against the risk of expensive litigation, many employers are now investigating the matter of liability insurance – they would rather pay increased premiums than suffer alone when their employees take legal action against them. Sexual harassment is a problem that can only be solved through a concerted effort on the part of the legislature, judiciary, employers and employees. Together, these parties must ensure that all of those involved in the world of work are aware of the problem of harassment, as well as taking steps to educate and train employees so as to prevent it. Only in this way will we be able to take action to reduce this terrible problem in our country.

Sexual harassment has been in existence for a long time in the workplace without any attempt to understand, define and effectively combat this rather undesirable and serious form of misconduct. Until fairly recently, the growing problem of sexual harassment and its damaging effect have been given much attention by legal authorities and society at large. The effect of sexual harassment is that it embarrasses or humiliates the victim. The victim may also suffer from trauma which, in turn, affects his/her performance at work. Numerous definitions have been provided on what constitutes sexual harassment. Sexual harassment takes place when a women‟s sexual role overshadows her work role in the eyes of the male, whether it be a supervisor, co-worker, client or customer. In other words, her gender receives more attention than her work. Sexual harassment is also seen as unwanted conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace.1 The Bill of Rights in the Constitution2 entrenches the rights of everyone. Worth mentioning are the “right to equality”, “the right to dignity”, “the right to privacy” and “the right to fair labour practices”. Furthermore, section 6(3) of the Employment Equity Act3 states that “harassment is a form of unfair discrimination” which is prohibited in terms of section 6(1) of the same Act. Section 60 of the Employment Equity Act deals with statutory vicarious liability where the employer is held liable for his acts and/or omission to take measures to against sexual harassment or a failure to put a grievance procedure in place. Where such an employer has done what is reasonably necessary to prevent and to address sexual harassment, he/she will escape liability for the misconduct of the employee. This section also provides for mechanisms that an employer may employ to minimise liability where harassment has taken place. In addition to statutory vicarious liability is the common law vicarious liability, where the employer is vicariously liable for the delict of the employee. This form of liability is also referred to as “no-fault liability”. The employer will be held liable where the following requirements for vicarious liability in common law are met: firstly, there must be an “employer-employee relationship”, secondly, a “delict must be committed” and thirdly, the “employee must have been acting in the scope or course of employment when the delict was committed”. Liability can also be directly imputed on the employer. In this instance, it has to be proven that “the employer committed an act or omission; the act or omission was unlawful; the act or omission was culpable, intentional or negligent, and a third party suffered harm; either patrimonial damage or injury to personality; and the act or omission caused that harm”.

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