Common law, basically afforded employees the right to choose their employers. This freedom to contract was normally visible in instances of transfers of undertakings and it, therefore, meant that an employer could not transfer an employee‘s employment contract without the latter‘s consent. When an undertaking went insolvent on the other hand, employment contracts also terminated and the notion of ―advantage to creditors‖ meant that employees were left with little to nothing to show for their years of employment. Consequently, employees found themselves out of jobs and struggling to make ends meet. However, the legislator implemented section 197 of the Labour Relations Act 66 of 1995which was ultimately amended in 2002 to regulate the transfer of a business, trade or undertaking, where such are transferred as a going concern. This therefore meant that employment contracts are transferred automatically upon such transfers. The enactment of section 197A together with the amendment of section 38 of the Insolvency Act meant that the notion of advantage to creditors was dealt away with; hence protection was afforded to employees. The aim of this piece is to examine the effects of transfer of undertakings on employee rights in both labour law and insolvency law. In this field of transfers, South Africa has followed England for some time. This has been evident before the enactment of section 197 of the Labour Relations Act 66 of 1995. In Roshall v Design Three1989 10 ILJ 1127 the court acknowledged the common law position stated in Nokes v Doncaster Amalgamated Collieries Ltd1940 AC 1014 (HL).The court in this case stated that one‘s right to choose an employer is ―the main difference between a servant and a serf‖. This piece will, therefore, compare the position in South Africa with one of England. A further comparison will be made with the European Union law, because problems experienced in South Africa and England were encountered by the European Union (hereafter-EU) as well. The aim of this piece is to draw similarities and differences between South Africa, England and European Union as a whole and establish whether employees do get protection from Labour and Insolvency legislation upon transfer of undertakings that are both insolvent and solvent. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Common law, basically afforded employees the right to choose their employers. This freedom to contract was normally visible in instances of transfers of undertakings and it, therefore, meant that an employer could not transfer an employee‘s employment contract without the latter‘s consent. When an undertaking went insolvent on the other hand, employment contracts also terminated and the notion of ―advantage to creditors‖ meant that employees were left with little to nothing to show for their years of employment. Consequently, employees found themselves out of jobs and struggling to make ends meet. However, the legislator implemented section 197 of the Labour Relations Act 66 of 1995which was ultimately amended in 2002 to regulate the transfer of a business, trade or undertaking, where such are transferred as a going concern. This therefore meant that employment contracts are transferred automatically upon such transfers. The enactment of section 197A together with the amendment of section 38 of the Insolvency Act meant that the notion of advantage to creditors was dealt away with; hence protection was afforded to employees. The aim of this piece is to examine the effects of transfer of undertakings on employee rights in both labour law and insolvency law. In this field of transfers, South Africa has followed England for some time. This has been evident before the enactment of section 197 of the Labour Relations Act 66 of 1995. In Roshall v Design Three1989 10 ILJ 1127 the court acknowledged the common law position stated in Nokes v Doncaster Amalgamated Collieries Ltd1940 AC 1014 (HL).The court in this case stated that one‘s right to choose an employer is ―the main difference between a servant and a serf‖. This piece will, therefore, compare the position in South Africa with one of England. A further comparison will be made with the European Union law, because problems experienced in South Africa and England were encountered by the European Union (hereafter-EU) as well. The aim of this piece is to draw similarities and differences between South Africa, England and European Union as a whole and establish whether employees do get protection from Labour and Insolvency legislation upon transfer of undertakings that are both insolvent and solvent. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This paper uses an overlapping generation model with uncertainty and endogenous fertility to study households¡¦ educational and investment choices. Individuals are assumed to be selfish and the intra-family deals are ruled by a self-enforcing ¡¥family constitution¡¦. Within this framework, parents finance their children¡¦s education inasmuch as they receive a return (a share of the increased earnings accruing to the children) and degree of risk aversion. And we show that the effect of social security on fertility and saving is analyzed both in the absence and in the presence of a perfect capital market. The impact on family's decision of the ability of the bargaining power is one of the focal points that this text is discussed, too. We also show that under this arrangement, individuals purchase less education than socially optimal. This yields a rationale for public action, either via public provision or via subsidization. We analyses both policies and find that they have different implications for households¡¦ fertility decisions. In particular, subsidization should be preferred if we wish to keep the rate of population growth as high as possible.

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This thesis is a history of Indonesian colonialism in East Timor told through the lens of East Timorese children transferred to Indonesia. During the Indonesian occupation of East Timor, between 1975 and 1999, individuals and institutions representing the occupying power transferred many East Timorese children and young people to Indonesia to receive an Indonesian education. Among them were approximately four thousand young, dependent children. The story of the transfers provides a rich and textured insight into the socio-cultural aspect of the Indonesia-East Timor relationship. This dimension is often missing in the academic literature on East Timor, which has been mainly concerned with the “big issues”—politics, security, international relations and human rights. The thesis is also a history “from below,” of the marginalised and weak whose perspective is often ignored in accounts of national histories. From the transfers we learn of East Timorese taking up the many generous educational opportunities offered by the Indonesians, opportunities denied to most East Timorese during the Portuguese colonial era. The transfers reveal Indonesians from all backgrounds showing compassion towards destitute and vulnerable East Timorese children, some of whom would have died had they not been taken in by Indonesians. Some of the children were adopted and lovingly raised in homes in Indonesia, while others were cared for in state-run or religious institutions. However, the transfers also expose the patronising attitudes of many Indonesians who regarded the East Timorese as backward and primitive. The Indonesians were so sure of their good intentions that they justified delivering development, including transferring children, often in breach of the rights of the East Timorese: some children were taken against their wishes; some parents were coerced or forced to hand over their children; some children were abused and neglected in their adoptive homes and in the institutions caring for them. Further, Indonesia’s proclaimed altruism in developing the territory was underpinned by other motives, as is exemplified by the transfers, in which political, ideological, personal, religious and economic motives, not humanitarian concern alone, were key factors. The refusal of the international community to recognise Indonesia’s claim over East Timor played a significant role in leading Indonesians to demonstrate their concern to develop East Timor, which included providing educational opportunities and caring for destitute children in their homes and institutions. However, the Indonesian authorities also hoped that these East Timorese students and children, raised in Indonesia as Indonesians, would contribute to affording legitimacy to integration. The thesis highlights the appropriation of vulnerable and dependent children in political projects of control; in themselves the children embodied the aim of the Indonesians for all East Timorese—namely, to make them Indonesians. The thesis is the first attempt to provide a detailed account and analysis of these child transfers. Besides providing a set of new data, it is an example of the multifaceted nature of colonial relationships and the ambiguities and complexities they embody. The story also continues to be important in this post-colonial era as it enriches our understanding of the new relationship that is developing across an entirely different border, between newly-democratic Indonesia and independent East Timor.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2007. / Thesis Advisor(s): Russell, James A. ; Khan, Feroz. "December 2007." Description based on title screen as viewed on January 25, 2008. Includes bibliographical references (p. 99-107). Also available in print.

Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2007. / Thesis Advisor(s): Russell, James A. ; Khan, Feroz. "December 2007." Title from title page of PDF document (viewed on: Apr 11, 2008). Includes bibliographical references (p. 99-107).

Thesis (Ph.D.)--University of Edinburgh, 1993.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1931. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 301-307).