Dismissal for ill health or injury and reasonable accommodation for disabled employees
- Authors: Mabenge, Mfundiso Samson
- Date: 2019
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa Discrimination in employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/34755 , vital:33437
- Description: This treatise examines the challenges faced by people with disabilities, in particular, dismissal and discrimination at the workplace. The study employed a qualitative approach to explore and address the research questions. It highlights that the Constitution provides protection against discrimination on the ground of disability. This right not to be discriminated against or unfairly dismissed is further given effect by the Codes of Good Practice in both the EEA and the LRA. Dismissal on a prohibited ground of discrimination, such as disability, is not merely unfair, but automatically unfair. Despite the above legislative protection, the findings in this study indicate that South Africa still faces huge challenges of disability discrimination and dismissal. Notwithstanding the increased sensitivity of this subject across the country, applicants for work and employees generally find themselves to be the victims of employment discrimination as well as dismissal due to their disability. Those who are in the working sector are not reasonably accommodated. The study submits that people with disabilities should be reasonably accommodated and be retained in the working sector as they have a positive role to play in the economy. In terms of legislation, the study found that although well written in theory, they are practically ineffective given that they are fragmented. This study observes that single legislation dealing comprehensively with disability management, like in other jurisdictions does not exist in South Africa. The lack of such single legislation is a significant weakness in the South African disability management framework. Therefore, this has resulted in a fragmented approach to implementation. The study suggests that trade union representatives and employers should be well trained, particularly on issues relating to dismissal for incapacity in general. From a global perspective, international organisations through ratifying Conventions have also heeded to the plight of disabled persons. This is proof that disability can no longer be confined to the borders of one nation. Many disability organisations have emerged over the years and are representing the interests of the disabled. The findings of this study may help companies, organisations and institutions improve their policy practices regarding the dismissal of employees associated with ill health or injury.
- Full Text:
- Date Issued: 2019
- Authors: Mabenge, Mfundiso Samson
- Date: 2019
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa Discrimination in employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/34755 , vital:33437
- Description: This treatise examines the challenges faced by people with disabilities, in particular, dismissal and discrimination at the workplace. The study employed a qualitative approach to explore and address the research questions. It highlights that the Constitution provides protection against discrimination on the ground of disability. This right not to be discriminated against or unfairly dismissed is further given effect by the Codes of Good Practice in both the EEA and the LRA. Dismissal on a prohibited ground of discrimination, such as disability, is not merely unfair, but automatically unfair. Despite the above legislative protection, the findings in this study indicate that South Africa still faces huge challenges of disability discrimination and dismissal. Notwithstanding the increased sensitivity of this subject across the country, applicants for work and employees generally find themselves to be the victims of employment discrimination as well as dismissal due to their disability. Those who are in the working sector are not reasonably accommodated. The study submits that people with disabilities should be reasonably accommodated and be retained in the working sector as they have a positive role to play in the economy. In terms of legislation, the study found that although well written in theory, they are practically ineffective given that they are fragmented. This study observes that single legislation dealing comprehensively with disability management, like in other jurisdictions does not exist in South Africa. The lack of such single legislation is a significant weakness in the South African disability management framework. Therefore, this has resulted in a fragmented approach to implementation. The study suggests that trade union representatives and employers should be well trained, particularly on issues relating to dismissal for incapacity in general. From a global perspective, international organisations through ratifying Conventions have also heeded to the plight of disabled persons. This is proof that disability can no longer be confined to the borders of one nation. Many disability organisations have emerged over the years and are representing the interests of the disabled. The findings of this study may help companies, organisations and institutions improve their policy practices regarding the dismissal of employees associated with ill health or injury.
- Full Text:
- Date Issued: 2019
An investigation into the reasons for under budgeting on public housing projects within the Joe Slovo Township, Eastern Cape
- Authors: Mlonzi, Viwe
- Date: 2013
- Subjects: Housing development -- South Africa -- Eastern Cape , Community development, Urban -- South Africa -- Eastern Cape , Expenditures, Public , Housing policy -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9242 , http://hdl.handle.net/10948/d1021118
- Description: In the past years the government has been giving speeches and promises to South African Residents about housings for all but this is still a challenge. This is problematic for the township Joe Slovo in the sense that more than one third of the population live in small, unsafe shacks. It is evident that many suffer from the slow delivery of houses and many residents are affected negatively in the struggle for proper housing.
- Full Text:
- Date Issued: 2013
- Authors: Mlonzi, Viwe
- Date: 2013
- Subjects: Housing development -- South Africa -- Eastern Cape , Community development, Urban -- South Africa -- Eastern Cape , Expenditures, Public , Housing policy -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9242 , http://hdl.handle.net/10948/d1021118
- Description: In the past years the government has been giving speeches and promises to South African Residents about housings for all but this is still a challenge. This is problematic for the township Joe Slovo in the sense that more than one third of the population live in small, unsafe shacks. It is evident that many suffer from the slow delivery of houses and many residents are affected negatively in the struggle for proper housing.
- Full Text:
- Date Issued: 2013
The legal history of in-transit robbery
- Authors: Coetzer, André Lodewyk
- Date: 2007
- Subjects: Robbery -- History , Robbery -- South Africa -- History
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10263 , http://hdl.handle.net/10948/829 , Robbery -- History , Robbery -- South Africa -- History
- Description: The crime of in-transit robbery is a sub-specie of the common law crime of robbery, which in essence is a crime of theft with violence. Robbery had evolved from begging, where beggars would harass their victims for money or items of value and then elevating their begging efforts to threats of violence, and in certain instances the usage of physical violence to solicit alms. As soon as road transport became prominent in society, the incidence of in-transit robbery increased where violence was used to overcome any form of resistance from the victim. During sea-faring transportation, piracy occurred using similar methods of violence to obtain goods from victims. In-transit robbery has undergone many changes in terms of modus operandi. From the early days of violent begging during the Roman Empire it has now become a greed driven, carefully planned crime, which is executed with military precision with high technology weapons of war. Robbery has advanced in judicial terms from a non-codified crime to a specific defined crime which carries prescribed minimum sentencing as punishment. , Abstract
- Full Text:
- Date Issued: 2007
- Authors: Coetzer, André Lodewyk
- Date: 2007
- Subjects: Robbery -- History , Robbery -- South Africa -- History
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10263 , http://hdl.handle.net/10948/829 , Robbery -- History , Robbery -- South Africa -- History
- Description: The crime of in-transit robbery is a sub-specie of the common law crime of robbery, which in essence is a crime of theft with violence. Robbery had evolved from begging, where beggars would harass their victims for money or items of value and then elevating their begging efforts to threats of violence, and in certain instances the usage of physical violence to solicit alms. As soon as road transport became prominent in society, the incidence of in-transit robbery increased where violence was used to overcome any form of resistance from the victim. During sea-faring transportation, piracy occurred using similar methods of violence to obtain goods from victims. In-transit robbery has undergone many changes in terms of modus operandi. From the early days of violent begging during the Roman Empire it has now become a greed driven, carefully planned crime, which is executed with military precision with high technology weapons of war. Robbery has advanced in judicial terms from a non-codified crime to a specific defined crime which carries prescribed minimum sentencing as punishment. , Abstract
- Full Text:
- Date Issued: 2007
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