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
Perceptions of the doctors working in labour wards related to the use of cardiotocograph as an intrapartum monitoring tool
- Authors: Mabenge, Mfundiso Samson
- Date: 2013
- Subjects: Fetal heart rate monitoring , Labor (Obstetrics)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10061 , http://hdl.handle.net/10948/d1020345
- Description: Monitoring of women in labour is an important aspect of the practice of the health care professionals working in the labour ward. The pregnancy of a woman mightappear to be normal but it is not possible to predict the positive outcome of labour until the baby is born because foetal distress can occur suddenly or other problems can arise during the course of labour. Doctors need to closely monitor the progress of labour of all the women regardless of whether he pregnancy is rated low risk or not. The use of Cardiotocography (CTG) during labour thus becomes critical. In the current study the perceptions of the doctors working in labour ward units will be explored and described in order to recommend activities that could optimize the use of CTG by doctors as an intrapartum monitoring tool. A qualitative research design will be used and the data collection method will be by means of semi-structured audio-taped one-on-one interviews.
- Full Text:
- Date Issued: 2013
- Authors: Mabenge, Mfundiso Samson
- Date: 2013
- Subjects: Fetal heart rate monitoring , Labor (Obstetrics)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:10061 , http://hdl.handle.net/10948/d1020345
- Description: Monitoring of women in labour is an important aspect of the practice of the health care professionals working in the labour ward. The pregnancy of a woman mightappear to be normal but it is not possible to predict the positive outcome of labour until the baby is born because foetal distress can occur suddenly or other problems can arise during the course of labour. Doctors need to closely monitor the progress of labour of all the women regardless of whether he pregnancy is rated low risk or not. The use of Cardiotocography (CTG) during labour thus becomes critical. In the current study the perceptions of the doctors working in labour ward units will be explored and described in order to recommend activities that could optimize the use of CTG by doctors as an intrapartum monitoring tool. A qualitative research design will be used and the data collection method will be by means of semi-structured audio-taped one-on-one interviews.
- Full Text:
- Date Issued: 2013
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