Unfair labour practice relating to promotion in the public education sector
- Authors: Tsheko, Toto
- Date: 2015
- Subjects: Unfair labor practices , Mediation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/6050 , vital:21034
- Description: This topic deals with unfair labour practice relating to promotion and will focus mainly on the public education sector. The Labour Relations Act of 1956 and 1995, with respect to the concept of unfair labour practice, will be analysed. It is through this discussion that one appreciates how the concept of unfair labour practices has evolved in South African law. An attempt is made to define promotion and in this regard reference is made to cases decided upon by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court (LC). Furthermore, promotion is defined within the context of public education and applicable legislation. Due regard must be to the employment relationship between the employer and the employee as well as compare the current employee’s job with the job applied to. Unfair conduct by the employer will be discussed within the context of promotion. The prerogative of the employer will be discussed with reference to case law and that discussion will include an analysis of various principles with regard to procedural and substantive fairness. Various remedies provided for in dispute resolution mechanism in line with the provisions of the Labour Relations Act 66 of 1995 and relevant case laws will also be discussed. The last chapter deals with how to strike a balance between employee rights (that is educators) and the rights of learners, in the context of promotion disputes. In this regard reference to case laws will be made. In general the topic will deal with unfair labour practice, definition of promotion including promotion of educators, unfair conduct of the employer, onus of proof, remedies and striking the balance between the rights of the learners and educators.
- Full Text:
- Date Issued: 2015
- Authors: Tsheko, Toto
- Date: 2015
- Subjects: Unfair labor practices , Mediation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/6050 , vital:21034
- Description: This topic deals with unfair labour practice relating to promotion and will focus mainly on the public education sector. The Labour Relations Act of 1956 and 1995, with respect to the concept of unfair labour practice, will be analysed. It is through this discussion that one appreciates how the concept of unfair labour practices has evolved in South African law. An attempt is made to define promotion and in this regard reference is made to cases decided upon by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court (LC). Furthermore, promotion is defined within the context of public education and applicable legislation. Due regard must be to the employment relationship between the employer and the employee as well as compare the current employee’s job with the job applied to. Unfair conduct by the employer will be discussed within the context of promotion. The prerogative of the employer will be discussed with reference to case law and that discussion will include an analysis of various principles with regard to procedural and substantive fairness. Various remedies provided for in dispute resolution mechanism in line with the provisions of the Labour Relations Act 66 of 1995 and relevant case laws will also be discussed. The last chapter deals with how to strike a balance between employee rights (that is educators) and the rights of learners, in the context of promotion disputes. In this regard reference to case laws will be made. In general the topic will deal with unfair labour practice, definition of promotion including promotion of educators, unfair conduct of the employer, onus of proof, remedies and striking the balance between the rights of the learners and educators.
- Full Text:
- Date Issued: 2015
Mediation practice : perceptions of practitioners from the African insider mediators platform
- Authors: Smith, Richard
- Date: 2013
- Subjects: Mediation , Mediators (Persons) , Social conflict
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8353 , http://hdl.handle.net/10948/d1020909
- Description: In African countries emerging from periods of violent crisis a layer of civil society practitioners and peacebuilders appear to play a critical role in mediating the inevitable disputes and tensions that arise. This treatise focuses on a sample of these mediating practitioners who perceive themselves in a variety of different ways, as peacebuilders, as conflict managers, as conflict resolution practitioners and as conflict transformation practitioners. The practitioners who participated in this study work at multiple levels to support the mediative processes that are needed in contexts of crisis and transition. They form part of a wider group of practitioners who have taken the initiative to organise insider mediators into a learning community of practitioners, under the auspices of the African Insider Mediators Platform (AIMP). This platform provides scholars with a useful research opportunity. The overall aim of this study is to explore the relationship between conflict transformation theory and the establishment of the AIMP as perceived by AIMP practitioners. It captures the perceptions that mediators have of the nature of the conflicts in which they are engaged and the influence of theoretical approaches on their practice. The treatise focuses on the perceptions of selected mediation practitioners associated with the AIMP. It draws out the conceptual lenses that are used to inform perceptions of effective mediation practice and that connect the perceptions of practitioners with the concepts contained within the conflict transformation theory. In so doing it describes the perceptions of practitioners and discusses the extent to which these perceptions resonate or deviate from theoretical conceptualisations of conflict in Africa and the theoretical frameworks that outline what constitutes an effective mediative response to this conflict. The insights into effectiveness that emerge from this approach are outlined in the treatise, drawing from background research that has informed the formation of the AIMP as well as from interviews carried out with selected mediation practitioners. The research findings suggest that there are several perceived connections between the theoretical underpinnings of conflict transformation approaches and the practice of the insider mediators involved in this study. The discussion of the data puts forward the proposition that the conceptual perceptions of the insider mediators involved in the study, in their description of elements of mediation practice and the nature of conflict, resonate strongly with the theories associated with conflict transformation thinking. In addition several additional theoretical influences appear to have been incorporated into an overall approach to discrete and collaborative mediation efforts that reinforce a strong connection between conflict transformation thinking and the practice of insider mediators. These relational connections between theory and practice are outlined in some detail in the description of the study that follows.
- Full Text:
- Date Issued: 2013
- Authors: Smith, Richard
- Date: 2013
- Subjects: Mediation , Mediators (Persons) , Social conflict
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8353 , http://hdl.handle.net/10948/d1020909
- Description: In African countries emerging from periods of violent crisis a layer of civil society practitioners and peacebuilders appear to play a critical role in mediating the inevitable disputes and tensions that arise. This treatise focuses on a sample of these mediating practitioners who perceive themselves in a variety of different ways, as peacebuilders, as conflict managers, as conflict resolution practitioners and as conflict transformation practitioners. The practitioners who participated in this study work at multiple levels to support the mediative processes that are needed in contexts of crisis and transition. They form part of a wider group of practitioners who have taken the initiative to organise insider mediators into a learning community of practitioners, under the auspices of the African Insider Mediators Platform (AIMP). This platform provides scholars with a useful research opportunity. The overall aim of this study is to explore the relationship between conflict transformation theory and the establishment of the AIMP as perceived by AIMP practitioners. It captures the perceptions that mediators have of the nature of the conflicts in which they are engaged and the influence of theoretical approaches on their practice. The treatise focuses on the perceptions of selected mediation practitioners associated with the AIMP. It draws out the conceptual lenses that are used to inform perceptions of effective mediation practice and that connect the perceptions of practitioners with the concepts contained within the conflict transformation theory. In so doing it describes the perceptions of practitioners and discusses the extent to which these perceptions resonate or deviate from theoretical conceptualisations of conflict in Africa and the theoretical frameworks that outline what constitutes an effective mediative response to this conflict. The insights into effectiveness that emerge from this approach are outlined in the treatise, drawing from background research that has informed the formation of the AIMP as well as from interviews carried out with selected mediation practitioners. The research findings suggest that there are several perceived connections between the theoretical underpinnings of conflict transformation approaches and the practice of the insider mediators involved in this study. The discussion of the data puts forward the proposition that the conceptual perceptions of the insider mediators involved in the study, in their description of elements of mediation practice and the nature of conflict, resonate strongly with the theories associated with conflict transformation thinking. In addition several additional theoretical influences appear to have been incorporated into an overall approach to discrete and collaborative mediation efforts that reinforce a strong connection between conflict transformation thinking and the practice of insider mediators. These relational connections between theory and practice are outlined in some detail in the description of the study that follows.
- Full Text:
- Date Issued: 2013
Analysis of strategies used by an organisation to manage conflict
- Authors: Lourens, Ann Sharon
- Date: 2000
- Subjects: Conflict management , Negotiation in business , Mediation
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10828 , http://hdl.handle.net/10948/18 , Conflict management , Negotiation in business , Mediation
- Description: This research study addresses the problem of determining the strategies that can be used to manage conflict effectively. To achieve this objective a comprehensive literature study was performed to determine the views on conflict and various models of conflict. The study also included the reasons for and sources of conflict and the effects of conflict on an organisation. The next step was to identify the conflict management strategies that were revealed by the literature study. The appropriate conflict handling styles, how to improve organisational practices and special rules and structures were discussed as well as various suggestions from different authors on how to resolve a conflict situation. Based on the information obtained from the literature study a model was developed to serve as a guide to organisations to manage conflict effectively. Managers from a specific organisation were requested to complete questionnaires in order to determine the strategies used by their organisation to manage conflict. The questionnaire was developed in accordance with the findings from the research. The answers of the respondents were analysed and compared to the findings of the literature study. The information obtained from the literature study and from the respondents resulted in various recommendations and conclusions. The previously mentioned model that was developed was applied to the organisation, specifically addressing the pertinent issues as indicated by the respondents.
- Full Text:
- Date Issued: 2000
- Authors: Lourens, Ann Sharon
- Date: 2000
- Subjects: Conflict management , Negotiation in business , Mediation
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10828 , http://hdl.handle.net/10948/18 , Conflict management , Negotiation in business , Mediation
- Description: This research study addresses the problem of determining the strategies that can be used to manage conflict effectively. To achieve this objective a comprehensive literature study was performed to determine the views on conflict and various models of conflict. The study also included the reasons for and sources of conflict and the effects of conflict on an organisation. The next step was to identify the conflict management strategies that were revealed by the literature study. The appropriate conflict handling styles, how to improve organisational practices and special rules and structures were discussed as well as various suggestions from different authors on how to resolve a conflict situation. Based on the information obtained from the literature study a model was developed to serve as a guide to organisations to manage conflict effectively. Managers from a specific organisation were requested to complete questionnaires in order to determine the strategies used by their organisation to manage conflict. The questionnaire was developed in accordance with the findings from the research. The answers of the respondents were analysed and compared to the findings of the literature study. The information obtained from the literature study and from the respondents resulted in various recommendations and conclusions. The previously mentioned model that was developed was applied to the organisation, specifically addressing the pertinent issues as indicated by the respondents.
- Full Text:
- Date Issued: 2000
Exploring the needs and experiences of the social worker as an intermediary
- Authors: Jarman, Renette
- Date: 2000
- Subjects: Social workers , Mediation
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:698 , http://hdl.handle.net/10962/d1006419 , Social workers , Mediation
- Description: During this research an attempt was made to gain an understanding of the experiences and needs of the social workers acting as intermediaries for the sexually abused children in the criminal court during the trials of perpetrators. To achieve this, ten social workers that have performed the role of intermediary were interviewed. Research as well as literature on this topic is limited and it is believed that this study will present a valuable basis to pursue in further research as well as assist social workers already rendering intermediary services. Literature that was available was found to be critical of the adversarial system and the negative elements associated with the system, especially for the child witness. The study found that there are many problems associated with the intermediary system. The most important issue is the delay between the decision to prosecute and the trial as this impacts negatively on the child witness. In addition social workers acting as intermediaries are inadequately trained and are not supervised in this role. As a result very few are willing to continue with the procedure. Nevertheless the intermediary system is adjudged better than the adversarial system, especially as the child witness no longer has to face the alleged perpetrator in an open court. The thesis ends with recommendations for addressing the concerns of intermediaries in order to strengthen the system.
- Full Text:
- Date Issued: 2000
- Authors: Jarman, Renette
- Date: 2000
- Subjects: Social workers , Mediation
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:698 , http://hdl.handle.net/10962/d1006419 , Social workers , Mediation
- Description: During this research an attempt was made to gain an understanding of the experiences and needs of the social workers acting as intermediaries for the sexually abused children in the criminal court during the trials of perpetrators. To achieve this, ten social workers that have performed the role of intermediary were interviewed. Research as well as literature on this topic is limited and it is believed that this study will present a valuable basis to pursue in further research as well as assist social workers already rendering intermediary services. Literature that was available was found to be critical of the adversarial system and the negative elements associated with the system, especially for the child witness. The study found that there are many problems associated with the intermediary system. The most important issue is the delay between the decision to prosecute and the trial as this impacts negatively on the child witness. In addition social workers acting as intermediaries are inadequately trained and are not supervised in this role. As a result very few are willing to continue with the procedure. Nevertheless the intermediary system is adjudged better than the adversarial system, especially as the child witness no longer has to face the alleged perpetrator in an open court. The thesis ends with recommendations for addressing the concerns of intermediaries in order to strengthen the system.
- Full Text:
- Date Issued: 2000
- «
- ‹
- 1
- ›
- »