Discrimination and dismissal based on age
- Authors: Hlohlolo, Sephiri
- Date: 2018
- Subjects: Age discrimination in employment -- South Africa , Employees -- Dismissal of -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/30309 , vital:30929
- Description: The purpose of this treatise is to discuss discrimination and dismissal based on age in the workplace. When doing this, specific focus will be on the provisions of section 187(2)(b) of the Labour Relations Act and its fairness when it comes to normal or agreed retirement age for persons employed. Section 187(2)(b) sets out certain justifications on which an employer can rely when it comes to dismissals based on age. South Africa (SA) is a constitutional state and the Constitution is the supreme law. What this means is that any national legislation promulgated must not be in conflict with the Constitution. On the contrary, national legislation must enable the constitutional imperatives. Reference to the Constitution of SA will be made, more so, the equality and fairness provisions. In the process of doing so, a probe into whether section 187(2)(b) as a constitutional enabler, will pass the constitutional muster, will also be looked into. Not all discrimination is unfair when it comes to the SA Labour Law. Provision for fair discrimination has been provided for and as a result, the treatise will also look at the concept of unfair discrimination and how it has been tested by the Courts. A further discussion will outline what is meant by discrimination and dismissal based on age, and whether such a dismissal is in fact a dismissal, and whether within the requirements of the LRA, such a dismissal or termination of employment contract, is in fact, fair. The history of the development of the concept of discrimination in SA will be addressed, and so is a comparative study on foreign law. While foreign jurisprudence is cardinal, a focus on the current SA case law will be done in order to evaluate how discrimination and dismissal based on age are dealt with. Lastly, a critical analysis of sub section 187(2)(b) of the LRA in relation to subsection 187(2)(a) will be looked at, as well.
- Full Text:
- Date Issued: 2018
- Authors: Hlohlolo, Sephiri
- Date: 2018
- Subjects: Age discrimination in employment -- South Africa , Employees -- Dismissal of -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/30309 , vital:30929
- Description: The purpose of this treatise is to discuss discrimination and dismissal based on age in the workplace. When doing this, specific focus will be on the provisions of section 187(2)(b) of the Labour Relations Act and its fairness when it comes to normal or agreed retirement age for persons employed. Section 187(2)(b) sets out certain justifications on which an employer can rely when it comes to dismissals based on age. South Africa (SA) is a constitutional state and the Constitution is the supreme law. What this means is that any national legislation promulgated must not be in conflict with the Constitution. On the contrary, national legislation must enable the constitutional imperatives. Reference to the Constitution of SA will be made, more so, the equality and fairness provisions. In the process of doing so, a probe into whether section 187(2)(b) as a constitutional enabler, will pass the constitutional muster, will also be looked into. Not all discrimination is unfair when it comes to the SA Labour Law. Provision for fair discrimination has been provided for and as a result, the treatise will also look at the concept of unfair discrimination and how it has been tested by the Courts. A further discussion will outline what is meant by discrimination and dismissal based on age, and whether such a dismissal is in fact a dismissal, and whether within the requirements of the LRA, such a dismissal or termination of employment contract, is in fact, fair. The history of the development of the concept of discrimination in SA will be addressed, and so is a comparative study on foreign law. While foreign jurisprudence is cardinal, a focus on the current SA case law will be done in order to evaluate how discrimination and dismissal based on age are dealt with. Lastly, a critical analysis of sub section 187(2)(b) of the LRA in relation to subsection 187(2)(a) will be looked at, as well.
- Full Text:
- Date Issued: 2018
Large scale retrenchments: an overview of Section 189 A
- Authors: Ah Shene, Lee-Anne Dorothy
- Date: 2012
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Retrenchments
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10237 , http://hdl.handle.net/10948/d1012042 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Retrenchments
- Description: This treatise sets out and evaluates recent developments in the area of large-scale retrenchments in South Africa. Dismissals are considered to be a source of great controversy, but more so large scale retrenchments. It was with this in mind that the various role players sought an amendment in 2002 so as to address the concerns by both employers and employees. The applicable legislation, namely section 189A of the Labour Relations Act 66 of 1995, was enacted to ensure the smooth operation of this genre of retrenchments. In this treatise, section 189A will be evaluated. Section 189A stipulates what procedure should be utilized, for dismissals necessitated by operational requirements. The inclusion of this provision was an attempt to address the concerns of both employers and employees. Chapter 1 provides us with an overview with regard to why change with regard to retrenchment legislation was necessary. In Chapter 2 the definition of operational requirements will be unpacked as well as what definition the courts have attached to the term "operational requirements‟, and more importantly the issue relating to substantive fairness. Chapter 3 examines when the applicable provision is triggered, whether or not an employer can stagger retrenchments, the facilitation process, and the regulations pertaining to facilitations. The facilitation process itself and the consultation aspect of the facilitation process are recounted. The meaning of „consultation‟ is evaluated, and it should be noted that section 189 and section 189A are interrelated when topics of consultation are considered. Chapter 4 addresses the instance when no facilitator is appointed and the mechanisms of section 189A(7) and (8); further discussions relating to subsection 13, and 19 will furthermore be evaluated with reference to case law. Chapter 5 sets out the various viewpoints on whether or not section 189A has been successful, and the chapter questions the effectiveness of the provision to provide a realistic view of large-scale retrenchments and whether the enactment thereof was an effective mechanism protecting the rights of employees faced with possible unemployment. The implementation of the training lay off system will be looked at and the statistics of the CCMA will be used as a measure to determine the effectiveness of section 189A. Chapter 6 concludes the thesis, by highlighting lessons learnt from case law for both employees and employers.
- Full Text:
- Date Issued: 2012
- Authors: Ah Shene, Lee-Anne Dorothy
- Date: 2012
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Retrenchments
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10237 , http://hdl.handle.net/10948/d1012042 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Retrenchments
- Description: This treatise sets out and evaluates recent developments in the area of large-scale retrenchments in South Africa. Dismissals are considered to be a source of great controversy, but more so large scale retrenchments. It was with this in mind that the various role players sought an amendment in 2002 so as to address the concerns by both employers and employees. The applicable legislation, namely section 189A of the Labour Relations Act 66 of 1995, was enacted to ensure the smooth operation of this genre of retrenchments. In this treatise, section 189A will be evaluated. Section 189A stipulates what procedure should be utilized, for dismissals necessitated by operational requirements. The inclusion of this provision was an attempt to address the concerns of both employers and employees. Chapter 1 provides us with an overview with regard to why change with regard to retrenchment legislation was necessary. In Chapter 2 the definition of operational requirements will be unpacked as well as what definition the courts have attached to the term "operational requirements‟, and more importantly the issue relating to substantive fairness. Chapter 3 examines when the applicable provision is triggered, whether or not an employer can stagger retrenchments, the facilitation process, and the regulations pertaining to facilitations. The facilitation process itself and the consultation aspect of the facilitation process are recounted. The meaning of „consultation‟ is evaluated, and it should be noted that section 189 and section 189A are interrelated when topics of consultation are considered. Chapter 4 addresses the instance when no facilitator is appointed and the mechanisms of section 189A(7) and (8); further discussions relating to subsection 13, and 19 will furthermore be evaluated with reference to case law. Chapter 5 sets out the various viewpoints on whether or not section 189A has been successful, and the chapter questions the effectiveness of the provision to provide a realistic view of large-scale retrenchments and whether the enactment thereof was an effective mechanism protecting the rights of employees faced with possible unemployment. The implementation of the training lay off system will be looked at and the statistics of the CCMA will be used as a measure to determine the effectiveness of section 189A. Chapter 6 concludes the thesis, by highlighting lessons learnt from case law for both employees and employers.
- Full Text:
- Date Issued: 2012
The remedies for unfair dismissal
- Authors: Cokile, Siyabonga
- Date: 2009
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10227 , http://hdl.handle.net/10948/1033 , Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
- Description: In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour practice is a right that is enjoyed by everyone and it is a right upon which every employee enjoys not to be unfairly dismissed is entrenched in section 23 of the Bill of Rights. The rights of every employee contained in the Labour Relations Act give content and effect to the right to fair labour practice contained in section 23 of the Bill of Rights. Every trade union, employer’s organisation and employer has a right to engage in collective bargaining, which includes but not limited to the formulation of disciplinary policies in the workplace, which should be observed by every employee. Our constitution mandates the Legislature to enact legislation that regulates collective bargaining. One of the purpose of our Labour Relations Act is to promote collective bargaining and the effective resolution of labour disputes. The remedies for unfair dismissal and unfair labour practice therefore give content and effect to the purpose of the Act, which is to promote effective resolution of labour disputes. The Legislature has given a legislative and policy framework, in terms of which the labour disputes may be resolved. In order to restrict the powers of the arbitrators and courts, section 193 of the Act provides that in ordering the reinstatement and re-employment of dismissed employee, they must exercise a discretion to order reinstatement re-employment, not earlier than the date of dismissal. The remedy of compensation is an alternative remedy, which must be ordered if the circumstances set out in section 193(2)(a) to (d) are applicable. Some arbitrators have made a mistake of treating this remedy as part of the primary remedies. However, our courts have clarified the intention of the Legislature in crafting the remedies for unfair dismissal.
- Full Text:
- Date Issued: 2009
- Authors: Cokile, Siyabonga
- Date: 2009
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10227 , http://hdl.handle.net/10948/1033 , Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
- Description: In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour practice is a right that is enjoyed by everyone and it is a right upon which every employee enjoys not to be unfairly dismissed is entrenched in section 23 of the Bill of Rights. The rights of every employee contained in the Labour Relations Act give content and effect to the right to fair labour practice contained in section 23 of the Bill of Rights. Every trade union, employer’s organisation and employer has a right to engage in collective bargaining, which includes but not limited to the formulation of disciplinary policies in the workplace, which should be observed by every employee. Our constitution mandates the Legislature to enact legislation that regulates collective bargaining. One of the purpose of our Labour Relations Act is to promote collective bargaining and the effective resolution of labour disputes. The remedies for unfair dismissal and unfair labour practice therefore give content and effect to the purpose of the Act, which is to promote effective resolution of labour disputes. The Legislature has given a legislative and policy framework, in terms of which the labour disputes may be resolved. In order to restrict the powers of the arbitrators and courts, section 193 of the Act provides that in ordering the reinstatement and re-employment of dismissed employee, they must exercise a discretion to order reinstatement re-employment, not earlier than the date of dismissal. The remedy of compensation is an alternative remedy, which must be ordered if the circumstances set out in section 193(2)(a) to (d) are applicable. Some arbitrators have made a mistake of treating this remedy as part of the primary remedies. However, our courts have clarified the intention of the Legislature in crafting the remedies for unfair dismissal.
- Full Text:
- Date Issued: 2009
The effects of thicket transformation on the diet and body condition of Angora goats
- Authors: Milne, Tracey Anne
- Date: 2008
- Subjects: Angora goat -- Feeding and feeds -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10720 , http://hdl.handle.net/10948/700 , http://hdl.handle.net/10948/d1012896 , Angora goat -- Feeding and feeds -- South Africa -- Eastern Cape
- Description: Climate change is predicted to have a negative effect on the rangelands of sub-Saharan Africa, affecting the distribution, productivity and extent of these rangelands. Similarly, Subtropical Thicket vegetation in the Eastern Cape, South Africa is expected to experience a reduction in plant growth with conditions becoming similar to those experienced under desertification. The transformation of thicket results in a decrease in perennial plant species cover and richness, which is replaced by an ephemeral layer of grasses and forbs. Assessing the responses of herbivores to this transformation thus allows the testing of the hypothesis that climate change and desertification will lead to a broadening of diet and a decline in secondary productivity. In this study, the diet and productivity of Angora goats in intact and transformed thicket in adjacent paddocks was investigated from August 2005 to July 2006. Faecal analysis was used to compare the diets of the Angora goats in the intact and transformed thicket treatments. Goats in the transformed treatment consumed a higher diversity of plant species (94 species) compared to those in the intact thicket (42 species). The higher species richness per faecal sample and the larger seasonal variation in plant species utilized by the goats in the transformed treatment reflected the variability of this treatment in response to rainfall. Dietary shifts to include less palatable species not found in the intact treatment diet were clear, but due to the high rainfall year an abundant ephemeral layer, comprising grasses and forbs, was available in the transformed treatment. The diet quality of the transformed treatment goats was higher, as indexed by faecal lignin, than the intact treatment goats, although there was no statistical difference in the NDF and ash levels between the treatments. There was however, more variation in the nutritional quality of the transformed thicket diet, as indexed by dietary phosphorous, showing that intact thicket retains a more constant nutritional level. There was no difference in the body condition and mohair production of the goats in the two treatments. The hypothesis of broadening of the diet was thus supported, but there was no evidence for the predicted decline in secondary productivity. This study was undertaken during an above average rainfall period and large quantities of nutritious ephemeral grasses were available in the transformed treatment. This resource would not be available in a drought; therefore goats in the intact thicket will likely perform better over longer periods; providing stocking rates are realistic. This is the first study to measure the response of domestic herbivores to transformation either in terms of resource use or production.
- Full Text:
- Date Issued: 2008
- Authors: Milne, Tracey Anne
- Date: 2008
- Subjects: Angora goat -- Feeding and feeds -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10720 , http://hdl.handle.net/10948/700 , http://hdl.handle.net/10948/d1012896 , Angora goat -- Feeding and feeds -- South Africa -- Eastern Cape
- Description: Climate change is predicted to have a negative effect on the rangelands of sub-Saharan Africa, affecting the distribution, productivity and extent of these rangelands. Similarly, Subtropical Thicket vegetation in the Eastern Cape, South Africa is expected to experience a reduction in plant growth with conditions becoming similar to those experienced under desertification. The transformation of thicket results in a decrease in perennial plant species cover and richness, which is replaced by an ephemeral layer of grasses and forbs. Assessing the responses of herbivores to this transformation thus allows the testing of the hypothesis that climate change and desertification will lead to a broadening of diet and a decline in secondary productivity. In this study, the diet and productivity of Angora goats in intact and transformed thicket in adjacent paddocks was investigated from August 2005 to July 2006. Faecal analysis was used to compare the diets of the Angora goats in the intact and transformed thicket treatments. Goats in the transformed treatment consumed a higher diversity of plant species (94 species) compared to those in the intact thicket (42 species). The higher species richness per faecal sample and the larger seasonal variation in plant species utilized by the goats in the transformed treatment reflected the variability of this treatment in response to rainfall. Dietary shifts to include less palatable species not found in the intact treatment diet were clear, but due to the high rainfall year an abundant ephemeral layer, comprising grasses and forbs, was available in the transformed treatment. The diet quality of the transformed treatment goats was higher, as indexed by faecal lignin, than the intact treatment goats, although there was no statistical difference in the NDF and ash levels between the treatments. There was however, more variation in the nutritional quality of the transformed thicket diet, as indexed by dietary phosphorous, showing that intact thicket retains a more constant nutritional level. There was no difference in the body condition and mohair production of the goats in the two treatments. The hypothesis of broadening of the diet was thus supported, but there was no evidence for the predicted decline in secondary productivity. This study was undertaken during an above average rainfall period and large quantities of nutritious ephemeral grasses were available in the transformed treatment. This resource would not be available in a drought; therefore goats in the intact thicket will likely perform better over longer periods; providing stocking rates are realistic. This is the first study to measure the response of domestic herbivores to transformation either in terms of resource use or production.
- Full Text:
- Date Issued: 2008
Towards the optimization of resolution and rendering issues in the context of contemporary environmental design computer modelling
- Authors: Liu, Peng
- Date: 2006
- Subjects: Architecture -- Environmental aspects -- South Africa , Environmental engineering , City planning , Engineering design
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8151 , http://hdl.handle.net/10948/548 , Architecture -- Environmental aspects -- South Africa , Environmental engineering , City planning , Engineering design
- Description: This dissertation sets out to find a pragmatic solution for optimizing both resolution and rendering issues in the context of contemporary environmental design computer modelling. In this regard the following issues are addressed: Firstly, determining (with reference to a limited selection of existing 3DS Max software and plugins (i.e. VRay and Mental-Ray), which specific piece of software produces the best compromise as far as visual accuracy is concerned whilst still offering the designer the best scope for further design manipulation. Secondly, establishing design techniques which can increase the speed of model making as well as reduce rendering time without having an adverse effect on issues such as resolution and image quality. Lastly, ascertaining the least number of surfaces for a typical geometrical shape (e.g. chair, table, ornament etc.) without losing visual veracity by manipulation of the design itself. The research strongly supports the notion that VRay is the best overall software to be employed as a base before applying any design solutions. In this latter regard a number of solutions became evident as a means to both save memory and cut down on rendering time, including such factors as using spotlight rather than an omni light when rendering, because omni light calculations include the generation of needless shadows. The beneficial effect of employing ‘target direct’ light and reducing the area of light in order to decrease the calculation of shadow. Eliminating objects which do not need shadows from the lighting calculation and shutting off the reverberation and refraction factors before rendering. It was also confirmed that a black and white mipmap is better than a colour mipmap as far as saving on the system’s memory.
- Full Text:
- Date Issued: 2006
- Authors: Liu, Peng
- Date: 2006
- Subjects: Architecture -- Environmental aspects -- South Africa , Environmental engineering , City planning , Engineering design
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:8151 , http://hdl.handle.net/10948/548 , Architecture -- Environmental aspects -- South Africa , Environmental engineering , City planning , Engineering design
- Description: This dissertation sets out to find a pragmatic solution for optimizing both resolution and rendering issues in the context of contemporary environmental design computer modelling. In this regard the following issues are addressed: Firstly, determining (with reference to a limited selection of existing 3DS Max software and plugins (i.e. VRay and Mental-Ray), which specific piece of software produces the best compromise as far as visual accuracy is concerned whilst still offering the designer the best scope for further design manipulation. Secondly, establishing design techniques which can increase the speed of model making as well as reduce rendering time without having an adverse effect on issues such as resolution and image quality. Lastly, ascertaining the least number of surfaces for a typical geometrical shape (e.g. chair, table, ornament etc.) without losing visual veracity by manipulation of the design itself. The research strongly supports the notion that VRay is the best overall software to be employed as a base before applying any design solutions. In this latter regard a number of solutions became evident as a means to both save memory and cut down on rendering time, including such factors as using spotlight rather than an omni light when rendering, because omni light calculations include the generation of needless shadows. The beneficial effect of employing ‘target direct’ light and reducing the area of light in order to decrease the calculation of shadow. Eliminating objects which do not need shadows from the lighting calculation and shutting off the reverberation and refraction factors before rendering. It was also confirmed that a black and white mipmap is better than a colour mipmap as far as saving on the system’s memory.
- Full Text:
- Date Issued: 2006
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