Statutory conciliation as a labour-dispute-resolution mechanism
- Authors: Masaya, Ruvimbo Cheryl
- Date: 2024-04
- Subjects: Labor disputes -- South Africa , South Africa. -- Labour Relations Act, 1995 , Labor -- Law and legislation -- South Africa , Industrial relations -- South Africa South Africa. -- Commission for Conciliation, Mediation, and Arbitration
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65701 , vital:74229
- Description: South African labour dispute resolution is a product of the country’s problematic past which was based on inequality and division. The new political dispensation led to the adoption of the Constitution of the Republic of South Africa in 1996, which enshrined a variety of basic human rights for all people within the Republic. Amongst these rights was section 23, which provided for and still protects the right to fair labour practices for all. In order to further give effect to this right, the Labour Relations Act was promulgated, with section 112 of the Act establishing the Commission for Conciliation, Mediation and Arbitration (hereafter referred to as the CCMA). One of the main mandatory functions of the CCMA is that of statutory conciliation. Statutory conciliation must also be performed by any other accredited bodies such as bargaining councils. The term statutory conciliation refers to a process that occurs under the direction of an impartial third party where parties to a dispute endeavour to reach an agreement in order to settle the dispute. The process is without prejudice and proceedings are intended to help the parties find an amicable solution. It can be a very powerful tool to settle disputes in the labour law context where there are disputes between employers and employees where internal procedures have been exhausted and a deadlock has been reached. Statutory conciliation is the first step where a case has been referred to the CCMA. According to the CCMA, 3 844 169 cases have been referred to it since its establishment in 1996.1 In the 2021/22 financial year thus far, the number of case referrals to the CCMA sits at 156 777, a reflection of how well utilised the mechanism is. The main aim of this treatise is to explore the role of statutory conciliation as a mechanism of labour dispute resolution. The history and development of labour dispute resolution in South Africa will be examined; briefly followed by an explanation of the process of conciliation. The treatise will also consider the limitations of the process of statutory conciliation, as the process is not immune to abuse by parties. Since the advent of the Labour Relations Act, the courts have had to consider various aspects of conciliation, in particular concerning the confidentiality of the process and whether a commissioner may be compelled to testify on the conciliation process at arbitration or the Labour Court. In addition, the ambit of the conciliation commissioner’s functions and powers will also be considered. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
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- Date Issued: 2024-04
Phylogeography of two small owl species in South Africa: population genetics and phenotypic variation in the African Barred Owlet (Glaucidium capense) and the African Scops Owl (Otus senegalensis)
- Authors: Balmer, Jonathan Peter
- Date: 2023-10-13
- Subjects: Uncatalogued
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424369 , vital:72147
- Description: Embargoed. Expected release date in 2025. , Thesis (MSc) -- Faculty of Science, Zoology and Entomology, 2023
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- Date Issued: 2023-10-13
Residential private property valuation accuracy in south Africa: A case study of Knysna in the Western Cape province
- Authors: Qusheka, Siphokazi
- Date: 2022-12
- Subjects: Real property -- Valuation -- Knysna , Right of property -- Knysna
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/59876 , vital:62482
- Description: a Department of Building and Real Estate, The Hong Kong Polytechnic University, Hong Kong b Faculty of Built Environment, University of New South Wales, Sydney, Australia Property valuation end-users generally rely on property value opinion provided by valuers in making informed real estate investment decisions. However, the inaccuracy of valuation estimates could be attributed to the adoption of inappropriate property valuation methods and such inaccurate estimates could mislead real estate investors and stakeholders. This could result in individual loss and national loss due to the importance of the real estate sector to the national economy. , Thesis (MA) -- Faculty of Engineering, the Built Environment, and Technology, 2022
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- Date Issued: 2022-12
Exploring Ubuntu as service leadership competency
- Authors: Bangushe, Anele Greatjoy
- Date: 2022-10-14
- Subjects: Leadership Moral and ethical aspects , Ubuntu (Philosophy) , Methodist Church of South Africa , Servant leadership South Africa Makhanda , Christian leadership South Africa Makhanda , Community leadership South Africa Makhanda , Critical incident technique
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/380743 , vital:67488
- Description: This is a case study conducted in the Methodist Church of Southern Africa (MCSA), Grahamstown, in the Eastern Cape. Against the backdrop of identifying and conceptualising ethically oriented leadership competencies, the purpose of this study was to explore service as a leadership competency. The literature reviewed in this research underscored the importance of effective and ethical leadership, but critiqued the Westernised, individualistic orientation of the conceptualisation of service as a leadership competency. Based on a review of the literature, this study proposes that when African leaders are in leadership four components of Ubuntu are involved when they exercise service as a leadership competency. These components are collective consideration, collective compassion, community server and Ubuntu humility. The main aim of this study is to investigate if leaders display these four components when exercising service towards their followers, and if so, how, and why they do so. A conceptual framework of components of Ubuntu, which culminated in research themes and propositions, were produced from the literature chapter. A qualitative research method was adopted in this study in which eight participants were selected through convenience sampling for this case study. One minister and seven Vice-Presidents of various organisations in the Methodist Church were interviewed. Semi-structured interviews were conducted for data collection and a deductive thematic analysis approach was employed to analyse data. Also, the critical incident technique (CIT) was utilised to structure interview questions, which is best fitting to solicit complex and comprehensive data from the interviewees. In its findings, the study confirmed the presence of the four components of Ubuntu, but several delimitations and limitations are acknowledged. Nevertheless, the study has made some contribution to understanding the display of service as a leadership competency in an African context. The implications for management practice are considered and recommendations made for future research. , Thesis (MBA) -- Faculty of Commerce, Rhodes Business School, 2022
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- Date Issued: 2022-10-14
Therapy drop-out: a descriptive case study of an imperfect sand-play therapy process with an aggressive 12 year old boy
- Authors: Fouche, Aimee Louise
- Date: 2022-04-07
- Subjects: Psychotherapy Failure , Psychotherapy Outcome assessment , Psychotherapy , Aggressiveness in children , Sandplay Therapeutic use , Play therapy , Conduct disorders in children , Boys Psychology
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/292704 , vital:57008
- Description: This case study sought to document an imperfect sandplay therapy process with an aggressive 12 year old male. Premature abscondment is a recognised issue in child and adolescent therapy. Extra-therapeutic factors like social support from family and friends have been found to be determinants of child psychotherapy outcomes. There is a significant gap in case study research documenting a failed child therapy process. This research aims to address the omission by using qualitative methods to elicit a nuanced account of such a process. The results of thematic analysis found that parents played a crucial role in the failure of the process. Not only were they instrumental in stopping therapy attendance but their disengaged attitudes infiltrated into the child’s process. Implications for clinical practice were discussed and recommendations were made for more documentation of failed therapy processes. This case study hopes to form part of the ground work for future investigations. , Thesis (MA) -- Faculty of Humanities, Psychology, 2022
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- Date Issued: 2022-04-07
Chalenges of accessing tertiary health care services in Africa, in the OR Tambo District: A case study of Canzibe Hospital
- Authors: Qaqa, Ayabulela Lilian
- Date: 2022-00
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/10964 , vital:75670
- Description: Accessing Tertiary health care by distant rural patients is still by far the most difficult and stressful process and results in health problems for the rural community. The lack of research on this topic of scholarly inquiry in rural areas remains a cause for concern. This qualitative study examines the obstacles that Canzibe residents face when trying to get primary medical treatment in tertiary hospitals in the O.R. Tambo District. This study is exploratory, descriptive, and qualitative by design. Research participants for this study comprised both of females and males who attend or are seen at Outpatient Department of a Tertiary Hospital, in the O.R Tambo District for ongoing treatment and reviews. A non-probability sampling method was used and a purposive sampling technique was used to select ten participants for this study. The researcher interviewed participants regarding their challenges in accessing tertiary health care services in the O.R Tambo District. Semi-structured interviews were used to collect the data, and an open-ended interview schedule was used as a guide. The interview schedule focused on the experiences of patients in accessing tertiary healthcare services. Data was analyzed using thematic analysis, which is a process whereby data is transcribed and translated to English. After the transcription, codes were created and arranged together into themes, and used to derive a meaning. The researcher adhered to all the ethical principles, while conducting the study. The study's results were also explored in relation to South African patient experiences with tertiary healthcare services. , Thesis (Masters) -- Faculty of Law, Humanities and Social Sciences, 2022
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- Date Issued: 2022-00
Cellphones and whistles: Exploring the communicative ecology and sociality of the Enkanini informal settlement in Makhanda
- Authors: Baloyi, Karabo
- Date: 2021-10-29
- Subjects: Communication models , Cell phones Social aspects South Africa Makhanda , Cell phones Economic aspects South Africa Makhanda , Squatter settlements South Africa Makhanda , South Africa Social conditions 1994- , South Africa Economic conditions 1991- , South Africa Social life and customs , Communication Economic aspects South Africa Makhanda , Whistles South Africa Makhanda , Decolonization South Africa Makhanda , Communicative ecology
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/191046 , vital:45053
- Description: This thesis explores the communicative ecology in the Enkanini informal settlement in Makhanda, and in particular their use of mobile phones and whistles to build a sense of community. It makes the case for word-of-mouth as an integral part of the communicative ecology despite not being a technological device. It then examines the sociality that arises from the use of these devices, and how coloniality impacts on the participants’ everyday experiences. The research was conducted through telephonic in-depth interviews with participants. To corroborate some of the content drawn from interviews, I used Grocott’s Mail, Makhanda’s only independent newspaper as an archival source, as well as some of the participants’ Facebook profiles. This research argues that as a consequence of coloniality, Enkanini’s residents suffer socio-economic challenges, and thus are unable to use digital technologies as much as they might like to, to communicate with their neighbours. As a consequence, word-of-mouth is their main form of communication with one another. Whistles are the ‘low-tech’ device used for community-wide communication to alert residents of an emergency, or about a meeting or protest. My findings contest generalised claims of society moving towards a network sociality, where individuality and project-based communication is valued over more communal forms of living. They also demonstrate the ways in which coloniality shapes almost every aspect of marginalised people’s lives, making word of mouth the most significant form of communication, notwithstanding the apparent availability of digital technology. It also shows how a marginalised group uses the resources it has to pressure local government officials to provide them with the basis infrastructure they need for survival. , Thesis (MA) -- Faculty of Humanities, Journalism and Media Studies, 2021
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- Date Issued: 2021-10-29
Jungle Drive and Other Stories
- Authors: Koenig, Nathalie
- Date: 2021-10-29
- Subjects: Creative writing (Higher education) South Africa , South African fiction (English) 21st century , South African poetry (English) 21st century , Short stories, South African (English) 21st century
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/192225 , vital:45207
- Description: My thesis comprises prose in a variety of forms with porous borders, including the short story, flash fiction and prose poetry. I am attracted to a processual approach to writing as I like the potential for experimentation with spontaneity and textual improvisation within and across forms that this allows. I am influenced by Joanna Ruocco’s novellas, The Mothering Coven and Dan, whose worlds are built with generously scattered references, interesting words and strange features, delivered in a dead-pan tone that joyfully scrambles my logic. At the same time, I am inspired by the precision and beauty of Tina May Hall’s prose, and how she plays in the space between the natural and magical worlds. In addition, I draw on the musicality and rhythm of Noy Holland and JA Tyler’s prose, adding a corporeal layer to the words, sounds and movement of the text. , Thesis (MA) -- Faculty of Humanities, School of Languages and Literatures, 2021
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- Date Issued: 2021-10-29
Numerical evolution of plane gravitational waves
- Authors: Hakata, Jonathan
- Date: 2021-10
- Subjects: Gravitational waves , Space and time , Einstein field equations , de Sitter metric , Perturbed spacetime
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/190248 , vital:44977
- Description: Unlike electromagnetic waves, gravitational waves self interact. This interaction is non-linear and can have very interesting properties which effect the curvature of space-time. A gravitational plane wave collider, implemented in the Python package COFFEE [20] that been developed in recent years by the Otago relativity group and implements the method of lines, can be reliably used to study this self-interaction. This was shown to work well numerically as profounded by Frauendiener, Stevens and Whale in 2014 [24]. For this reason, COFFEE will be used to study these gravitational wave propagations and subsequently collisions. The Einstein field equations are formulated as a well-posed initial boundary value problem (IBVP) in the Friedrich-Nagy gauge [26] and due to the large class of boundary conditions admitted by this framework, a variety of investigations into the propagation of plane gravitational waves could be carried out. This study focuses on the propagation of plane gravitational waves in the de Sitter (dS) space-time, which is the maximally symmetric solution of the Einstein’s vacuum field equations with a positive cosmological constant λ. There is substantial cosmological evidence that our universe is asymptotically de Sitter, yet no work, analytical nor numerical, has been done on gravitational plane waves propagating on such a space-time, mainly due to the increased complexity from the non-vanishing λ. Firstly, it is found analytically that with an arbitrary cosmological constant λ and a non-vanishing energy momentum tensor, the constraints will propagate. This means that we still have a wellposed IBVP, which is nontrivial since the Friedrich-Nagy gauge has only been shown to lead to a wellposed IBVP without matter [26]. Using this system, we consider one ingoing wave propagating on said space-time in vacuum. The area of the ingoing wave profile is varied and inferences are made about the different phenomena that arise in the curvature of space-time during the evolution. It is found that there exists a critical value of the wave’s area, ac, whereby taking the area below this value the system asymptotes to its initial state, and above the system diverges, indicating the presence of a singularity. Furthermore, we define an expansion parameter H to measure how the gravitational waves influence the accelerated expansion, generalising (numerically) results of Tsamis and Woodard. , Thesis (MSc) -- Faculty of Science, Mathematics, 2021
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- Date Issued: 2021-10
A critical analysis of the application of South African business rescue provisions on small to medium enterprises (SMEs)
- Authors: Peteni, Ushimin https://orcid.org/ 0000-0001-6478-9862
- Date: 2021-09
- Subjects: Small business , Business enterprises , Business failures--Law and legislation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/20328 , vital:45655
- Description: Small to Medium sized Enterprises (SMEs) play an essential role and can be described as the crucial bread and butter of the South African economy. They have the potential to create employment and skills development opportunities pertinent for sustainable economic growth. The unfortunate part is that South African Small to Medium sized Enterprises have the lowest survival rates in the world, resulting in high rates of business failure and job losses. This is because the South African economy does not favour SMEs, which are often burdened with structural hurdles including access to funding, lack of access to markets, inadequate skills, uncompetitive regulatory frameworks and technological disruptions. A developing economy such as South Africa cannot grow if companies facing financial difficulty are constantly liquidated. This is because the liquidation system does not offer companies an opportunity to restructure and possibly function within the context of raised concerns. In order to facilitate sustainable SMEs growth, the legislature has come up with statutory mechanisms to support SMEs and save them from total liquidation. Most recently, the Companies Act 71 of 2008 Chapter 6 introduces a business rescue mechanism applicable to all business structures established under the Act. The purpose of business rescue is to provide companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which are useful and efficient in saving the financially distressed company and possibly yielding a better return for the creditors than would have been the case if the company was liquidated. This new enactment is seen as both an improvement and necessary reform from its predecessor, judicial administration which has widely been condemned as a failure. However, despite this improvement, the application of the current business provisions to SMEs is questionable. Although Chapter 6 of the Act makes provision for SMEs, it also presents a number of stumbling blocks, including the fact that services of business rescue practitioners are out of reach for most SMEs in South Africa. The purpose of this study is to consider challenges faced by SMEs in the practical application of the current business rescue provisions. This study further emphasizes the importance of South African SMEs, whilst looking at their challenges and how the Companies Act 71 of 2008 provisions, regarding business rescue, assists SMEs. The study looks at the impediments of certain provisions of business rescue and proposes recommendations. , Thesis (MA) (Laws) -- University of Fort Hare, 2021
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- Date Issued: 2021-09
Factors influencing the automation of procurement processes at Higher Education Institutions in South Africa
- Authors: Kock, Yolandi
- Date: 2021-04
- Subjects: Automation , Business logistics , Industrial procurement
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51732 , vital:43367
- Description: The main objective of this research was to evaluate the factors that influence the automation of procurement processes at Higher Education Institutions in South Africa. This was appropriate due to the important role that procurement plays in the day to day activities in the higher education environment and the need to fully automate procurement systems to assist in cost saving efforts and process efficiency. The study employed the survey method in the collection of data and questionnaires were the main data collection instrument. Seventy (70) respondents, who all form part of the Purchasing Consortium of Southern Africa (PURCO SA) were targeted to participate in the empirical study. Initial review of the topic revealed limited research into automated procurement systems at higher education institutions in South Africa, but indicated that universities in countries like Ghana, Italy, Kenya and Zimbabwe were more advanced in terms of automation. The study achieved its purpose by reaching both the main and the secondary research objectives successfully, highlighting the factors that influence the automation of procurement processes. The analysis further revealed time and cost savings as well as process efficiencies when using automated procurement systems. The study concludes with recommendations for Procurement Managers and recommendations on future research. , Thesis (MBA) -- Faculty of Business and Economic Sciences , Business Administration, 2021
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- Date Issued: 2021-04
Factors leading to the high failure rate of grade 12 learners in the Ngqeleni area: A case study of two schools in the Ngqeleni area of the Libode mega district, Eastern Cape.
- Authors: Maqokolo, Gideon Zitobile
- Date: 2014
- Language: English
- Type: Masters theses , text
- Identifier: http://hdl.handle.net/11260/3444 , vital:43390
- Description: The study investigated the factors that lead to the high failure rate of grade 12 learners of the two high schools in the Ngqeleni area of Libode Mega District of the Eastern Cape, South Africa. The study was qualitative in nature; therefore interviews were used as the method of collecting data. Seven SMT members, four parents and four learners were, randomly selected from the two schools in the Ngqeleni area of Libode Mega District. The researcher randomly selected the participants then interviewed them. The researcher used a video recoder as an instrument to record the responses from the participants. To analyse data, the researcher transcribed the interview responses and interpreted them. The main findings of the study showed that the high failure rate was caused by the following factors: over-croweded classes, shortage of teaching and learnin~ materials, lack of parental involvement, teachers' low morale, poor learner discipline, teachers experiencing problems in implementing government policies, work-load and as such teaching becoming stressful. The researcher in his study therefore recommends that the Department of Education plans more workshops for schools to capacitate them. There should be provision for more classrooms and incentives for teachers. , Thesis (MMED) -- Faculty of Educational Sciences, 2019
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- Date Issued: 2014