The protection offered in terms of the 2014 labour law amendments to fixed-term Contract and part-time employees
- Authors: Ntsebeza, Uonella
- Date: 2018
- Subjects: Labor laws and legislation -- South Africa , Labor contract -- South Africa Employee rights -- South Africa Labor market -- laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33567 , vital:32888
- Description: Labour law knows that employers are generally in a stronger bargaining position than employees.1Therefore, labour law is largely premised on the idea of protection of the interest of employees. Fixed term employees2 as ‘atypical’3 or ‘conditional’ employees are particularly weak bargaining parties in the employment relationship. It is common practice for employers to treat fixed term and part-time employees differently to their permanent colleagues. Temporary employment relationships are often associated with the withholding of rights and benefits, lack of job security, deprivation of status and poor remuneration. Fixed term employees are also likely to be more exposed to exploitation, particularly those who are not highly skilled. 4In addition, they often do not enjoy trade union protection and are not covered by collective agreements. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. Therefore, fixed term employees are more inclined to depend on the statutory protection enacted to ensure basic working conditions. These employees are often not recruited into trade unions due to the precarious or temporary nature of their work fixed term employees are more inclined to depend on statutory protection enacted to ensure basic working conditions.
- Full Text:
- Date Issued: 2018
- Authors: Ntsebeza, Uonella
- Date: 2018
- Subjects: Labor laws and legislation -- South Africa , Labor contract -- South Africa Employee rights -- South Africa Labor market -- laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/33567 , vital:32888
- Description: Labour law knows that employers are generally in a stronger bargaining position than employees.1Therefore, labour law is largely premised on the idea of protection of the interest of employees. Fixed term employees2 as ‘atypical’3 or ‘conditional’ employees are particularly weak bargaining parties in the employment relationship. It is common practice for employers to treat fixed term and part-time employees differently to their permanent colleagues. Temporary employment relationships are often associated with the withholding of rights and benefits, lack of job security, deprivation of status and poor remuneration. Fixed term employees are also likely to be more exposed to exploitation, particularly those who are not highly skilled. 4In addition, they often do not enjoy trade union protection and are not covered by collective agreements. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. Therefore, fixed term employees are more inclined to depend on the statutory protection enacted to ensure basic working conditions. These employees are often not recruited into trade unions due to the precarious or temporary nature of their work fixed term employees are more inclined to depend on statutory protection enacted to ensure basic working conditions.
- Full Text:
- Date Issued: 2018
Effecting social justice during conciliation and CON-ARB processes conducted at the CCMA and bargaining councils
- Authors: Mtumtum, Lungisa Shadrack
- Date: 2017
- Subjects: South Africa -- Commission for Conciliation, Mediation, and Arbitration Mediation and conciliation, Industrial -- South Africa , Labor laws and legislation -- South Africa Labor disputes -- South Africa Collective bargaining -- South Africa Social justice -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19245 , vital:28807
- Description: The primary purpose of this treatise is to reexamine the South African labour dispute resolution bodies to see if they live up to the legislation’s promise of promoting social justice in conciliation, arbitration and con-arb processes concluded by them. The study defines social justice and examines this term in relation to employment law. The promotion of social justice was reaffirmed by the International Labour Organisation in its 1944 Conference which was later incorporated into its Constitution. The study briefly reviews the importance of this conference of the 10 May 1944 in relation to promoting social justice. The study also examines the social justice in the context of South African employment laws by briefly analyzing each South African labour legislation and the Constitution. This analysis is based on the provisions of legislation and considers if the respective provisions promote social justice as required by the International Labour Organisation’s Constitution and later by the South African Constitution. In analyzing the Constitution, and other legislation like the; Employment Equity Act (EEA), and Labour Relations Act (LRA), the treatise examines certain cases that were determined under the legislation from social justice perspective. The Labour Relations Act 66 of 1995 represents one of the major reforms of the labour relations system in South Africa. It is guided by the Constitution in terms of promoting social justice. The LRA established the dispute resolution bodies that are mandated by the legislation to resolve labour disputes. The study examines the systems and the processes employed by these bodies mainly the Commission for Conciliation; Mediation and Arbitration (CCMA) and the Bargaining Councils to determine if these systems are promoting social justice as required by the legislation. In conducting this analysis the study considers not only the processes adopted but also the manner in which the relevant dispute resolution bodies market their services; their strategies and operational plans; and accessibility and more. The study further investigates the challenges that these bodies are faced with that have a negative impact on their responsibility to promote social justice. These challenges faced by society range from unemployment, the level of literacy and the growing inequality within South African society. They constantly pose a challenge and require these bodies to consistently devise means and strategies to overcome them. A limited comparative study is undertaken in order to determine whether South Africa can learn anything from another country. There are several countries that may have been chosen to conduct this study but the study considered the fact that it needs to look at the country without the sub-Saharan Africa. The country that shares a history similar to South Africa due to the fact that the social challenges faced by the South African society might be similar to those faced by the country chosen. In this research Namibia was chosen as a suitable country to determine whether there is something to learn from it or not. In conclusion it is submitted that South African legislation pertaining to labour dispute resolution needs to constantly evolve in order to promote social justice challenges of the time.
- Full Text:
- Date Issued: 2017
- Authors: Mtumtum, Lungisa Shadrack
- Date: 2017
- Subjects: South Africa -- Commission for Conciliation, Mediation, and Arbitration Mediation and conciliation, Industrial -- South Africa , Labor laws and legislation -- South Africa Labor disputes -- South Africa Collective bargaining -- South Africa Social justice -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19245 , vital:28807
- Description: The primary purpose of this treatise is to reexamine the South African labour dispute resolution bodies to see if they live up to the legislation’s promise of promoting social justice in conciliation, arbitration and con-arb processes concluded by them. The study defines social justice and examines this term in relation to employment law. The promotion of social justice was reaffirmed by the International Labour Organisation in its 1944 Conference which was later incorporated into its Constitution. The study briefly reviews the importance of this conference of the 10 May 1944 in relation to promoting social justice. The study also examines the social justice in the context of South African employment laws by briefly analyzing each South African labour legislation and the Constitution. This analysis is based on the provisions of legislation and considers if the respective provisions promote social justice as required by the International Labour Organisation’s Constitution and later by the South African Constitution. In analyzing the Constitution, and other legislation like the; Employment Equity Act (EEA), and Labour Relations Act (LRA), the treatise examines certain cases that were determined under the legislation from social justice perspective. The Labour Relations Act 66 of 1995 represents one of the major reforms of the labour relations system in South Africa. It is guided by the Constitution in terms of promoting social justice. The LRA established the dispute resolution bodies that are mandated by the legislation to resolve labour disputes. The study examines the systems and the processes employed by these bodies mainly the Commission for Conciliation; Mediation and Arbitration (CCMA) and the Bargaining Councils to determine if these systems are promoting social justice as required by the legislation. In conducting this analysis the study considers not only the processes adopted but also the manner in which the relevant dispute resolution bodies market their services; their strategies and operational plans; and accessibility and more. The study further investigates the challenges that these bodies are faced with that have a negative impact on their responsibility to promote social justice. These challenges faced by society range from unemployment, the level of literacy and the growing inequality within South African society. They constantly pose a challenge and require these bodies to consistently devise means and strategies to overcome them. A limited comparative study is undertaken in order to determine whether South Africa can learn anything from another country. There are several countries that may have been chosen to conduct this study but the study considered the fact that it needs to look at the country without the sub-Saharan Africa. The country that shares a history similar to South Africa due to the fact that the social challenges faced by the South African society might be similar to those faced by the country chosen. In this research Namibia was chosen as a suitable country to determine whether there is something to learn from it or not. In conclusion it is submitted that South African legislation pertaining to labour dispute resolution needs to constantly evolve in order to promote social justice challenges of the time.
- Full Text:
- Date Issued: 2017
The role of the expanded public works programme in poverty alleviation
- Authors: Blou, Siphiwo
- Date: 2014
- Subjects: Poverty -- South Africa -- Western Cape , Economic assistance, Domestic -- South Africa -- Western Cape , Unemployment -- South Africa -- Western Cape , Public works -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9183 , http://hdl.handle.net/10948/d1020167
- Description: South Africa is characterised by inequitable growth and development, a high level of poverty, increasing demands and limited resources and the challenge of integration. The need for improved standards of living and access to better infrastructure which are seen as crucial issues in addressing poverty have necessitated the introduction of programmes that aim to alleviate poverty. The South African democratic government has, since 1994, implemented various programmes in an attempt to improve the quality of lives of its citizens through policy interventions. The Expanded Public Works Programme (EPWP) is one of the many programmes offered by the National Government to provide poverty and income relief through temporary work for the unemployed to carry out socially useful activities. The study is descriptive in nature. The researcher seeks to gain insight into the effectiveness of the EPWP as poverty alleviation strategy in the Oudtshoorn Municipal area. The researcher needs to understand the impact it has made on the beneficiaries focussing on Bongolethu and Bridgton as critically distressed settlements. The researcher used, inter alia, policy documents, circular letters, accredited journal articles, newspaper reports, minutes of the Oudtshoorn Municipal Council meetings as sources of data collection. The findings reveal that there are short term poverty alleviation initiatives in Oudtshoorn. The study also revealed that the problem of poverty is still a challenge in the Oudtshoorn Municipal Area and a review of the current policies is necessary.
- Full Text:
- Date Issued: 2014
- Authors: Blou, Siphiwo
- Date: 2014
- Subjects: Poverty -- South Africa -- Western Cape , Economic assistance, Domestic -- South Africa -- Western Cape , Unemployment -- South Africa -- Western Cape , Public works -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9183 , http://hdl.handle.net/10948/d1020167
- Description: South Africa is characterised by inequitable growth and development, a high level of poverty, increasing demands and limited resources and the challenge of integration. The need for improved standards of living and access to better infrastructure which are seen as crucial issues in addressing poverty have necessitated the introduction of programmes that aim to alleviate poverty. The South African democratic government has, since 1994, implemented various programmes in an attempt to improve the quality of lives of its citizens through policy interventions. The Expanded Public Works Programme (EPWP) is one of the many programmes offered by the National Government to provide poverty and income relief through temporary work for the unemployed to carry out socially useful activities. The study is descriptive in nature. The researcher seeks to gain insight into the effectiveness of the EPWP as poverty alleviation strategy in the Oudtshoorn Municipal area. The researcher needs to understand the impact it has made on the beneficiaries focussing on Bongolethu and Bridgton as critically distressed settlements. The researcher used, inter alia, policy documents, circular letters, accredited journal articles, newspaper reports, minutes of the Oudtshoorn Municipal Council meetings as sources of data collection. The findings reveal that there are short term poverty alleviation initiatives in Oudtshoorn. The study also revealed that the problem of poverty is still a challenge in the Oudtshoorn Municipal Area and a review of the current policies is necessary.
- Full Text:
- Date Issued: 2014
A critical investigation of the effectiveness of warm-ups as technical exercises for the improvement of choral tone : a case study of the Eastern Cape Children's Choir
- Authors: Van Zyl, Lionel
- Date: 2006
- Subjects: Choral singing Studies and exercises , Choral singing -- Instruction and study , Music rehearsals
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:8513 , http://hdl.handle.net/10948/634 , Choral singing Studies and exercises , Choral singing -- Instruction and study , Music rehearsals
- Description: This is a research project based on the author’s experience of more than 20 years as conductor of the Eastern Cape Childrens Choir. It investigates the effectiveness of technical exercises - with special reference to selected “warm-up” exercises - in creating a superior choral tone in the children’s choir. The investigation is motivated by the fact that it is an ongoing challenge to effectively overcome problems with intonation and poor choral tone, problems which are mostly caused by lack of attention to pure vowel formation. Toward this end, a practical “tool box” of vocal exercises for the children’s choir is ultimately proposed. The toolbox is based on one single exercise with different variations. Each variation is designed to address multiple vocal needs and to correct vocal production during singing. In this manner a great many technical aspects are covered with the simplest of means and in the shortest possible time, bearing in mind that the rehearsal session allows limited time to focus on such matters to the exclusion of all else.
- Full Text:
- Date Issued: 2006
- Authors: Van Zyl, Lionel
- Date: 2006
- Subjects: Choral singing Studies and exercises , Choral singing -- Instruction and study , Music rehearsals
- Language: English
- Type: Thesis , Masters , MMus
- Identifier: vital:8513 , http://hdl.handle.net/10948/634 , Choral singing Studies and exercises , Choral singing -- Instruction and study , Music rehearsals
- Description: This is a research project based on the author’s experience of more than 20 years as conductor of the Eastern Cape Childrens Choir. It investigates the effectiveness of technical exercises - with special reference to selected “warm-up” exercises - in creating a superior choral tone in the children’s choir. The investigation is motivated by the fact that it is an ongoing challenge to effectively overcome problems with intonation and poor choral tone, problems which are mostly caused by lack of attention to pure vowel formation. Toward this end, a practical “tool box” of vocal exercises for the children’s choir is ultimately proposed. The toolbox is based on one single exercise with different variations. Each variation is designed to address multiple vocal needs and to correct vocal production during singing. In this manner a great many technical aspects are covered with the simplest of means and in the shortest possible time, bearing in mind that the rehearsal session allows limited time to focus on such matters to the exclusion of all else.
- Full Text:
- Date Issued: 2006
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