Essential services in light of the 2014 Labour Law amendments
- Authors: Seshoka, Lesiba Job
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47427 , vital:39990
- Description: The topic of the treatise is “Essential Services in light of the 2014 Labour Law amendments”. It aims to investigate the state of essential services in the wake of the 2014 changes to the Labour Relations Act. As Pillay1 puts it, Furthermore, 15 years under our new essential services regime, it is time for reflection to preserve and improve what works and to fix what does not. The treatment of essential services is not playing as planned. In the meantime, notwithstanding the prohibition of strikes in essential services, they occur with disconcerting frequency, duration and intensity”. From these, one can deduce that prior to the changes effected in 2014, there have been serious challenges facing essential service personnel and employers which necessitated a change in legislation. The question, which this treatise tries to answer, is whether such change in legislation would in all likelihood addresses the challenges, which faced essential service employers and employees before it was enacted.
- Full Text:
- Date Issued: 2020
- Authors: Seshoka, Lesiba Job
- Date: 2020
- Subjects: Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47427 , vital:39990
- Description: The topic of the treatise is “Essential Services in light of the 2014 Labour Law amendments”. It aims to investigate the state of essential services in the wake of the 2014 changes to the Labour Relations Act. As Pillay1 puts it, Furthermore, 15 years under our new essential services regime, it is time for reflection to preserve and improve what works and to fix what does not. The treatment of essential services is not playing as planned. In the meantime, notwithstanding the prohibition of strikes in essential services, they occur with disconcerting frequency, duration and intensity”. From these, one can deduce that prior to the changes effected in 2014, there have been serious challenges facing essential service personnel and employers which necessitated a change in legislation. The question, which this treatise tries to answer, is whether such change in legislation would in all likelihood addresses the challenges, which faced essential service employers and employees before it was enacted.
- Full Text:
- Date Issued: 2020
The role of the CCMA to mitigate job losses in the context of operational requirements dismissal
- Authors: Mbali, Rian Bongani
- Date: 2017
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa South Africa. Commission for Conciliation, Mediation, and Arbitration -- Rules and practice , Mediation and conciliation, Industria -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/45536 , vital:38641
- Description: All employers at some point in time may find themselves under pressure, facing financial challenges, which may force them into contemplating some reductions in their operating costs. This could result in an exercise that may entail restructuring the wage bill. This in turn could eventually result in the dismissal of employees for operational reasons. The concept of job security is a new phenomenon in the labour market and with localisation and the economic crisis that have caused businesses to become competitive, workers face the threat of losing jobs daily. It must be stated that the International Labour Organisation (hereinafter referred to as ILO), which is an international body responsible for developing principles and guidelines which regulate labour relations in the world, had only in 1963 taken some steps to give due regard to the law that seek to promote employment security1. Until then, the common law dictated the nature of the relationship with regard to the rules that govern the termination of employment. The study will further investigate the international trends in the embedding of the Convention of Termination of Employment. Against this context, this treatise seeks to highlight the work done to further provide measures of employment security for workers facing dismissal based on operational requirements. The study will examine the role of the Commission for the Conciliation, Mediation and Arbitration (hereinafter referred to as CCMA), an impartial body in South Africa, whose main function is to prevent and resolve labour disputes, as well as to mitigate job losses in the context of operational requirements dismissals.
- Full Text:
- Date Issued: 2017
- Authors: Mbali, Rian Bongani
- Date: 2017
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa South Africa. Commission for Conciliation, Mediation, and Arbitration -- Rules and practice , Mediation and conciliation, Industria -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/45536 , vital:38641
- Description: All employers at some point in time may find themselves under pressure, facing financial challenges, which may force them into contemplating some reductions in their operating costs. This could result in an exercise that may entail restructuring the wage bill. This in turn could eventually result in the dismissal of employees for operational reasons. The concept of job security is a new phenomenon in the labour market and with localisation and the economic crisis that have caused businesses to become competitive, workers face the threat of losing jobs daily. It must be stated that the International Labour Organisation (hereinafter referred to as ILO), which is an international body responsible for developing principles and guidelines which regulate labour relations in the world, had only in 1963 taken some steps to give due regard to the law that seek to promote employment security1. Until then, the common law dictated the nature of the relationship with regard to the rules that govern the termination of employment. The study will further investigate the international trends in the embedding of the Convention of Termination of Employment. Against this context, this treatise seeks to highlight the work done to further provide measures of employment security for workers facing dismissal based on operational requirements. The study will examine the role of the Commission for the Conciliation, Mediation and Arbitration (hereinafter referred to as CCMA), an impartial body in South Africa, whose main function is to prevent and resolve labour disputes, as well as to mitigate job losses in the context of operational requirements dismissals.
- Full Text:
- Date Issued: 2017
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