The regulation of sick and incapacity leave in the public sector
- Authors: Gunguta, Thembeka Maureen
- Date: 2017
- Subjects: Sick leave -- Law and legislation -- South Africa Labor laws and legislation -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/16087 , vital:28319
- Description: The Public Service is service delivery driven, and is dependent on the quality, skill and performance of the employees to carry through its business. It is therefore imperative that the policies and systems pertaining to human capital are effectively and efficiently managed. The Basic Conditions of Employment Act regulates the basic conditions of employment and states that employees’ may be absent from duty due to illness. The public sector uses the Determination on the Leave of Absence in the Public Service as a tool to regulate leave in the public sector. The Determination provides employees with 36 paid sick days to be utilised by an employee within a three-year cycle. In cases where an employee has exhausted the sick leave, the employer may grant Temporary Incapacity Leave, which is discretional. The Public Service Commission has a constitutional obligation to monitor the performance of the public sector and produce reports covering the human resources management practices. With regards to the management of leave in the public sector, the reports reveal the abuse of sick leave by employees, non-compliance and the in-effective management. The Department of Public Service and Administration then developed the PILIR as a guide to manage and administer sick and incapacity leave in the public sector. This treatise therefore, discusses the regulation of sick and incapacity leave in the public sector and investigates the extent to which the applicable legislative framework is effective. The discussion uses the Labour Court judgment in the matter between The Public Service Association & Others versus the PSCBC & Others as reference, and further evaluates the judicial jurisprudence to demonstrate the extent of contentions of the private sector employers by the employees. Furthermore, this treatise seeks to evaluate the extent of similarities or differences of the practices both the private sector and the municipalities. In conclusion, the treatise makes recommendations on the best practices that can be adopted by the public sector to turn the situation around.
- Full Text:
- Date Issued: 2017
- Authors: Gunguta, Thembeka Maureen
- Date: 2017
- Subjects: Sick leave -- Law and legislation -- South Africa Labor laws and legislation -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/16087 , vital:28319
- Description: The Public Service is service delivery driven, and is dependent on the quality, skill and performance of the employees to carry through its business. It is therefore imperative that the policies and systems pertaining to human capital are effectively and efficiently managed. The Basic Conditions of Employment Act regulates the basic conditions of employment and states that employees’ may be absent from duty due to illness. The public sector uses the Determination on the Leave of Absence in the Public Service as a tool to regulate leave in the public sector. The Determination provides employees with 36 paid sick days to be utilised by an employee within a three-year cycle. In cases where an employee has exhausted the sick leave, the employer may grant Temporary Incapacity Leave, which is discretional. The Public Service Commission has a constitutional obligation to monitor the performance of the public sector and produce reports covering the human resources management practices. With regards to the management of leave in the public sector, the reports reveal the abuse of sick leave by employees, non-compliance and the in-effective management. The Department of Public Service and Administration then developed the PILIR as a guide to manage and administer sick and incapacity leave in the public sector. This treatise therefore, discusses the regulation of sick and incapacity leave in the public sector and investigates the extent to which the applicable legislative framework is effective. The discussion uses the Labour Court judgment in the matter between The Public Service Association & Others versus the PSCBC & Others as reference, and further evaluates the judicial jurisprudence to demonstrate the extent of contentions of the private sector employers by the employees. Furthermore, this treatise seeks to evaluate the extent of similarities or differences of the practices both the private sector and the municipalities. In conclusion, the treatise makes recommendations on the best practices that can be adopted by the public sector to turn the situation around.
- Full Text:
- Date Issued: 2017
The impact of the concept of decent work on the job security and the provisioning of educators
- Authors: Pretorius, William Richard
- Date: 2014
- Subjects: Labor laws and legislation -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10262 , http://hdl.handle.net/10948/d1021218
- Description: Section 29(1) of the Constitution of the Republic of South Africa (the Constitution) guarantees the right to a basic education, including a basic adult education and further education. In realising this right, the State is obliged to provide financial and human resources in a manner that will transform society as a whole and deliver a better life for all citizens. The human resources in the main refer to educators. Education is one of key priorities of the present government to the extent that President Zuma has instructed that a presidential commission be established to look into the conditions of service of public servants and in particular that of educators. The International Labour Organisation (ILO) has proposed the Decent Work Country Programmes to help countries align their policies with the international goal of the achievement of Decent Work for all. South Africa has done a lot of work in this regard; however the main challenge remains with the implementation and acceptance of such policies by the major stakeholders especially the trade unions. This treatise investigates the impact of the Decent Work Agenda (DWA) on the job security and provisioning of educators in South Africa. It also explores the conditions of service of temporary educators and those educators who are teaching in the rural areas under extremely difficult conditions in comparison with their counterparts in urban areas. This treatise also examines the status of social dialogue in the education sector and the impact of same on collective bargaining. This treatise recommends that the utilisation of the services of temporary educators need to be regulated to address the continuous extension of temporary contracts that is impacting negatively on job security. It also suggests that urgent measures in the form of norms and standards be determined to improve the working conditions of educators who are teaching in rural areas under very difficult circumstances.
- Full Text:
- Date Issued: 2014
- Authors: Pretorius, William Richard
- Date: 2014
- Subjects: Labor laws and legislation -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10262 , http://hdl.handle.net/10948/d1021218
- Description: Section 29(1) of the Constitution of the Republic of South Africa (the Constitution) guarantees the right to a basic education, including a basic adult education and further education. In realising this right, the State is obliged to provide financial and human resources in a manner that will transform society as a whole and deliver a better life for all citizens. The human resources in the main refer to educators. Education is one of key priorities of the present government to the extent that President Zuma has instructed that a presidential commission be established to look into the conditions of service of public servants and in particular that of educators. The International Labour Organisation (ILO) has proposed the Decent Work Country Programmes to help countries align their policies with the international goal of the achievement of Decent Work for all. South Africa has done a lot of work in this regard; however the main challenge remains with the implementation and acceptance of such policies by the major stakeholders especially the trade unions. This treatise investigates the impact of the Decent Work Agenda (DWA) on the job security and provisioning of educators in South Africa. It also explores the conditions of service of temporary educators and those educators who are teaching in the rural areas under extremely difficult conditions in comparison with their counterparts in urban areas. This treatise also examines the status of social dialogue in the education sector and the impact of same on collective bargaining. This treatise recommends that the utilisation of the services of temporary educators need to be regulated to address the continuous extension of temporary contracts that is impacting negatively on job security. It also suggests that urgent measures in the form of norms and standards be determined to improve the working conditions of educators who are teaching in rural areas under very difficult circumstances.
- Full Text:
- Date Issued: 2014
The concept of decent work in a South African context
- Authors: Ndung'u, Agnes
- Date: 2011
- Subjects: Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10199 , http://hdl.handle.net/10948/1618 , Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Description: Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.
- Full Text:
- Date Issued: 2011
- Authors: Ndung'u, Agnes
- Date: 2011
- Subjects: Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10199 , http://hdl.handle.net/10948/1618 , Labor laws and legislation -- South Africa -- Eastern Cape , Labor supply -- South Africa , Labor policy -- South Africa , Labor laws and legislation, International , Labor economics -- South Africa
- Description: Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.
- Full Text:
- Date Issued: 2011
The role of the trade union in post democratic South Africa
- Authors: Collins, Selwyn Charles
- Date: 2004
- Subjects: Labor unions -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11036 , http://hdl.handle.net/10948/354 , Labor unions -- South Africa , Labor policy -- South Africa
- Description: In South Africa, labour has played a central role in shaping the transition to democracy. It remained an open question as to whether labour could sustain it’s involvement during the period of consolidation after the first democratic elections. As was evident in other emerging democracies, economic liberalization often led to stagnation and high costs being imposed on workers, while weakening the state. South African trade unions thus faced formidable problems as they had to respond to rapid economic and industrial change. While being stubborn, South African trade unions remain adaptable enough to survive and grow into the 21st Century. In this dissertation, the writer examines the relevance of trade unions in contemporary South Africa and how they are coming to terms with the deregulated labour market, and the question of globalisation. We look at the emergence of new forms of collective bargaining, the growth of trade unions as partners in a changing workplace and the different ways trade unions are modernising themselves to attract new members. Labour when used as a collective force is capable of shaping democratization through the strategic use of power. Labour has the potential , through participation in negotiated compromises, to ensure that the costs of adjustments are not borne by workers alone. To this end, the South African trade union movement has developed innovative strategies and institutions.
- Full Text:
- Date Issued: 2004
- Authors: Collins, Selwyn Charles
- Date: 2004
- Subjects: Labor unions -- South Africa , Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11036 , http://hdl.handle.net/10948/354 , Labor unions -- South Africa , Labor policy -- South Africa
- Description: In South Africa, labour has played a central role in shaping the transition to democracy. It remained an open question as to whether labour could sustain it’s involvement during the period of consolidation after the first democratic elections. As was evident in other emerging democracies, economic liberalization often led to stagnation and high costs being imposed on workers, while weakening the state. South African trade unions thus faced formidable problems as they had to respond to rapid economic and industrial change. While being stubborn, South African trade unions remain adaptable enough to survive and grow into the 21st Century. In this dissertation, the writer examines the relevance of trade unions in contemporary South Africa and how they are coming to terms with the deregulated labour market, and the question of globalisation. We look at the emergence of new forms of collective bargaining, the growth of trade unions as partners in a changing workplace and the different ways trade unions are modernising themselves to attract new members. Labour when used as a collective force is capable of shaping democratization through the strategic use of power. Labour has the potential , through participation in negotiated compromises, to ensure that the costs of adjustments are not borne by workers alone. To this end, the South African trade union movement has developed innovative strategies and institutions.
- Full Text:
- Date Issued: 2004
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