Thesis (MBA (Business Management))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: One of the first labour reforms introduced by the then newly elected democratic government of South Africa was the introduction of statutory workplace forums. This ground-breaking chapter in the 1995 Labour Relations Act outlined the first legally mandated form of workplace participation, beyond the sphere of the collective bargaining arena. To date, however, the provisions of the Act which govern workplace forums have been subjected to criticism by both labour and business alike, as well as from academics. The sad reality is that there has been a minimal uptake in the establishment of these forums in the 13 years since the provisions of the Act came into force. This research report has delved into the reasons for this resistance, from the side of both labour and business. The multitude of reasons that exist have been grouped under a series of headings that have then allowed the writer to focus on finding factors that would facilitate the establishment of statutory workplace forums. In considering the factors that would facilitate the enhanced uptake and establishment of workplace forums, the research has guided the writer towards the implementation process per se, in particular the attitudinal and mind-set factors that are required as pre-requisites before the more legislatively focussed aspects of the implementation cycle should be undertaken. While there are no doubt valid concerns with several of the clauses in the legislative provisions, in the opinion of the writer these are not the predominant reasons for the failure of the workplace forum vehicle. The adversarial mindset that still exists between business and labour, as well as the worldviews and consequences that stem from such a mindset, has been the largest obstacle in the establishment of workplace forums. Until both parties, and the broader South African society within which all businesses exist, are able to make the fundamental shift from “win or lose” to “mutual gains through co-operation” the workplace forum vehicle will not be implemented, and the drive to further workplace participation will not be successful. The writer has suggested various changes that should be made to the legislation, and processes that should be put in place to start to lay the foundations upon which the workplace forum model can later be built up on. AFRIKAANSE OPSOMMING: Statutêre werkplekforums was een van die eerste arbeidshervormings wat deur die destyds nuut verkose demokratiese regering van Suid-Afrika bekend gestel is. Hierdie baanbrekershoofstuk in die Wet op Arbeidsverhoudinge van 1995 het die eerste vorm van werkplekdeelname met ’n regsmandaat buite die sfeer van die kollektiewe bedingingsarena uiteengesit. Die bepalings van die Wet wat op werkplekforums gerig is, is egter tot dusver aan kritiek deur arbeid, die sakesektor en akademici blootgestel. Die hartseer werklikheid is dat daar in die 13 jaar sedert die bepalings van die Wet in werking getree het ’n minimale opname in die vestiging van hierdie forums was. Hierdie navorsingsverslag verken die redes vir hierdie weerstand uit die oogpunt van arbeid sowel as besigheid. Die talle redes wat bestaan is saamgegroepeer onder verskillende opskrifte wat die skrywer in staat gestel het om faktore te vind wat die vestiging van statutêre werkplekforums fasiliteer. Wanneer daar gekyk word na die faktore wat die sterker opname en vestiging van werkplekforums kan fasiliteer, lei die navorsing die skrywer na die implementeringsproses op sigself. By die implementeringsproses is dit veral faktore soos houding en ingesteldheid wat as voorvereistes nodig is voordat daar aandag geskenk kan word aan aspekte van die implementeringsiklus wat meer op wetgewing gerig is. Hoewel daar ongetwyfeld geldige kommer oor verskeie van die klousules in die wetgewende bepalings is, is dit volgens die skrywer se mening nie die vernaamste redes vir die mislukking van die werkplekforummedium nie. Die antagonistiese ingesteldheid wat steeds tussen besigheid en arbeid bestaan sowel as die wêreldbeskouings en gevolge wat uit sodanige ingesteldheid spruit, is die grootste struikelblok in die vestiging van werkplekforums. Die werkplekforummedium kan slegs geïmplementeer word en die veldtog om werkplekdeelname te versterk kan net slaag indien albei partye, en die groter Suid-Afrikaanse samelewing waarin alle besighede bedryf word, ’n wesenlike skuif kan maak van “wen of verloor” na “gesamentlike voordele deur samewerking”. Die skrywer stel voor dat wetgewing verander word en dat prosesse geïmplementeer word om te begin om die grondslag te lê vir die bou van die werkplekforummodel.

Summaries in English and Afrikaans / Text in Afrikaans / Staatsamptenare val sedert 1993 onder arbeidswetgewing wat vir kollektiewe bedingingsregte voorsiening maak. Wat laasgenoemde regte aanbetref word, in ooreenstemming met intemasionale reg, betoog dat die regte van staatsamptenare meer beperk kan word as wat die geval in die privaatsektor is. Ten spyte van argumente tot die teendeel word aangevoer dat staatsamptenare 'n noodsaaklike <liens aan die bree gemeenskap lewer wat veral met betrekking tot die herontwikkeling en opbou van Suid-Afrika 'n belangrike sosioekonomiese bydrae te lewer het. Die afwesigheid van die tradisionele onderskeid tussen kapitaal en arbeid, werkplekf arums, ·sow el as onbeperkte organiseringsregte sal produktiwiteit in die openbare sektor belnvloed. Werkersdeelname in besluitneming in die openbare sektor kan verwesenlik word sander om die omvangryke kollektiewe bedingingsregte soos vervat in die Wet op Arbeidsverhoudinge, 66 van 1995 aan staatsamptenare te verleen. / Public servants have fallen under labour legislation that provides for collective bargaining rights since 1993. It is argued that these rights of public servants, in accordance with international law, may be limited to a greater extent than those of employees in the private sector. Despite arguments to the contrary the opinion is held that public servants deliver an important, essential service to the broader public especially when it comes to their socio-economic contribution to the redevelopment of South Africa. The absence of the traditional difference between capital and labour, workplace forums, as well as unlimited organisational rights will have an influence on productivity in the public sector. Workers participation in decision making can be realised without granting public servants the extensive collective bargaining rights as contained in the Labour Relations Act, 66 of 1995. / Law / L.L.M.

Summaries in English and Afrikaans / Text in Afrikaans / Staatsamptenare val sedert 1993 onder arbeidswetgewing wat vir kollektiewe bedingingsregte voorsiening maak. Wat laasgenoemde regte aanbetref word, in ooreenstemming met intemasionale reg, betoog dat die regte van staatsamptenare meer beperk kan word as wat die geval in die privaatsektor is. Ten spyte van argumente tot die teendeel word aangevoer dat staatsamptenare 'n noodsaaklike <liens aan die bree gemeenskap lewer wat veral met betrekking tot die herontwikkeling en opbou van Suid-Afrika 'n belangrike sosioekonomiese bydrae te lewer het. Die afwesigheid van die tradisionele onderskeid tussen kapitaal en arbeid, werkplekf arums, ·sow el as onbeperkte organiseringsregte sal produktiwiteit in die openbare sektor belnvloed. Werkersdeelname in besluitneming in die openbare sektor kan verwesenlik word sander om die omvangryke kollektiewe bedingingsregte soos vervat in die Wet op Arbeidsverhoudinge, 66 van 1995 aan staatsamptenare te verleen. / Public servants have fallen under labour legislation that provides for collective bargaining rights since 1993. It is argued that these rights of public servants, in accordance with international law, may be limited to a greater extent than those of employees in the private sector. Despite arguments to the contrary the opinion is held that public servants deliver an important, essential service to the broader public especially when it comes to their socio-economic contribution to the redevelopment of South Africa. The absence of the traditional difference between capital and labour, workplace forums, as well as unlimited organisational rights will have an influence on productivity in the public sector. Workers participation in decision making can be realised without granting public servants the extensive collective bargaining rights as contained in the Labour Relations Act, 66 of 1995. / Law / L.L.M.

Recently, South African company law underwent a dramatic overhaul through the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance: companies no longer are accountable to their shareholders only but to society at large. Leaders should direct company strategy and operations with a view to achieving the triple bottom-line (economic, social and environmental performance) and, thus, should manage the business in a sustainable manner. An important question in company law today: In whose interest should the company be managed? Corporate governance needs to address the entire span of responsibilities to all stakeholders of the company, such as customers, employees, shareholders, suppliers and the community at large. The Companies Act aims to balance the rights and obligations of shareholders and directors within companies and encourages the efficient and responsible management of companies. The promotion of human rights is central in the application of company law: it is extremely important given the significant role of enterprises within the social and economic life of the nation. The interests of various stakeholder groups in the context of the corporation as a “social institution” should be enhanced and protected. Because corporations are a part of society and the community they are required to be socially responsible and to be more accountable to all stakeholders in the company. Although directors act in the best interests of shareholders, collectively, they must also consider the interests of other stakeholders. Sustainable relationships with all the relevant stakeholders are important. The advancement of social justice is important to corporations in that they should take into account the Constitution, labour and company law legislation in dealing with social justice issues. Employees have become important stakeholders in companies and their needs should be taken into account in a bigger corporate governance and social responsibility framework. Consideration of the role of employees in corporations entails notice that the Constitution grants every person a fundamental right to fair labour practices. Social as well as political change became evident after South Africa's re-entry into the world in the 1990s. Change to socio-economic conditions in a developing country is also evident. These changes have a major influence on South African labour law. Like company law, labour law, to a large extent, is codified. Like company law, no precise definition of labour law exists. From the various definitions, labour law covers both the individual and collective labour law and various role-players are involved. These role-players include trade unions, employers/companies, employees, and the state. The various relationships between these parties, ultimately, are what guides a certain outcome if there is a power play between them. In 1995 the South African labour market was transformed by the introduction of the Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and the transformation of the workplace are central issues in South African labour law. The constitutional change that have taken place in South Africa, by which the protection of human rights and the democratisation of the workplace are advanced contributed to these developments. Before the enactment of the LRA, employee participation and voice were much-debated topics, locally and internationally. In considering employee participation, it is essential to take due cognisance of both the labour and company law principles that are pertinent: the need for workers to have a voice in the workplace and for employers to manage their corporations. Employee participation and voice should be evident at different levels: from informationsharing to consultation to joint decision-making. Corporations should enhance systems and processes that facilitate employee participation and voice in decisions that affect employees. The primary research question under investigation is: What role should (and could) employees play in corporate decision-making in South Africa? The main inquiry of the thesis, therefore, is to explore the issue of granting a voice to employees in companies, in particular, the role of employees in the decision-making processes of companies. The thesis explores various options, including supervisory co-determination as well as social co-determination, in order to find solutions that will facilitate the achievement of employee participation and voice in companies in South Africa. / LLD, North-West University, Potchefstroom Campus, 2015

Recently, South African company law underwent a dramatic overhaul through the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance: companies no longer are accountable to their shareholders only but to society at large. Leaders should direct company strategy and operations with a view to achieving the triple bottom-line (economic, social and environmental performance) and, thus, should manage the business in a sustainable manner. An important question in company law today: In whose interest should the company be managed? Corporate governance needs to address the entire span of responsibilities to all stakeholders of the company, such as customers, employees, shareholders, suppliers and the community at large. The Companies Act aims to balance the rights and obligations of shareholders and directors within companies and encourages the efficient and responsible management of companies. The promotion of human rights is central in the application of company law: it is extremely important given the significant role of enterprises within the social and economic life of the nation. The interests of various stakeholder groups in the context of the corporation as a “social institution” should be enhanced and protected. Because corporations are a part of society and the community they are required to be socially responsible and to be more accountable to all stakeholders in the company. Although directors act in the best interests of shareholders, collectively, they must also consider the interests of other stakeholders. Sustainable relationships with all the relevant stakeholders are important. The advancement of social justice is important to corporations in that they should take into account the Constitution, labour and company law legislation in dealing with social justice issues. Employees have become important stakeholders in companies and their needs should be taken into account in a bigger corporate governance and social responsibility framework. Consideration of the role of employees in corporations entails notice that the Constitution grants every person a fundamental right to fair labour practices. Social as well as political change became evident after South Africa's re-entry into the world in the 1990s. Change to socio-economic conditions in a developing country is also evident. These changes have a major influence on South African labour law. Like company law, labour law, to a large extent, is codified. Like company law, no precise definition of labour law exists. From the various definitions, labour law covers both the individual and collective labour law and various role-players are involved. These role-players include trade unions, employers/companies, employees, and the state. The various relationships between these parties, ultimately, are what guides a certain outcome if there is a power play between them. In 1995 the South African labour market was transformed by the introduction of the Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and the transformation of the workplace are central issues in South African labour law. The constitutional change that have taken place in South Africa, by which the protection of human rights and the democratisation of the workplace are advanced contributed to these developments. Before the enactment of the LRA, employee participation and voice were much-debated topics, locally and internationally. In considering employee participation, it is essential to take due cognisance of both the labour and company law principles that are pertinent: the need for workers to have a voice in the workplace and for employers to manage their corporations. Employee participation and voice should be evident at different levels: from informationsharing to consultation to joint decision-making. Corporations should enhance systems and processes that facilitate employee participation and voice in decisions that affect employees. The primary research question under investigation is: What role should (and could) employees play in corporate decision-making in South Africa? The main inquiry of the thesis, therefore, is to explore the issue of granting a voice to employees in companies, in particular, the role of employees in the decision-making processes of companies. The thesis explores various options, including supervisory co-determination as well as social co-determination, in order to find solutions that will facilitate the achievement of employee participation and voice in companies in South Africa. / LLD, North-West University, Potchefstroom Campus, 2015