The regulation of the use of cannibis in the workplace
- Authors: Oberem, stacy Lee
- Date: 2020
- Subjects: Cannabis -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47403 , vital:39978
- Description: This treatise considers the implications of the judgment in Minister of Justice and Constitutional Development v Prince (2018) ZACC 30 in the workplace. It includes a critical study of cases prior and post the judgment and identifies the gaps within those judgments. It will consider various legislation pertaining to the topic and the critical differences when it comes to testing for intoxication of alcohol versus cannabis. To conclude, it will consider the challenges of having a zero-tolerance policy in the workplace and provide recommendations to employer’s substance abuse policies specifically relating to the use of cannabis and its effects within the workplace.
- Full Text:
- Date Issued: 2020
- Authors: Oberem, stacy Lee
- Date: 2020
- Subjects: Cannabis -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47403 , vital:39978
- Description: This treatise considers the implications of the judgment in Minister of Justice and Constitutional Development v Prince (2018) ZACC 30 in the workplace. It includes a critical study of cases prior and post the judgment and identifies the gaps within those judgments. It will consider various legislation pertaining to the topic and the critical differences when it comes to testing for intoxication of alcohol versus cannabis. To conclude, it will consider the challenges of having a zero-tolerance policy in the workplace and provide recommendations to employer’s substance abuse policies specifically relating to the use of cannabis and its effects within the workplace.
- Full Text:
- Date Issued: 2020
Growth strategies for black township entrepreneurs
- Authors: Boniwe, Sihlangule
- Date: 2017
- Subjects: Entrepreneurship -- South Africa , Small business -- South Africa -- Management
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/14598 , vital:27800
- Description: The situation in South Africa throws up a trickier and more unconventional challenge. The country has symptoms of a spatial realm that is not fully connected with the urban systems (spatially, socially, or structurally) and is certainly disconnected from the rural economy. This is the realm of the country’s townships and informal settlements. Conceptually, they are relics of the country’s special past, but the policies of post-apartheid South Africa have inadvertently kept their contemporary reality alive. In many ways, the townships and especially the informal settlements are similar to the slums in much of the developing world, although never was a slum formed with as much central planning and purpose as were some of the larger South African townships. This paper undertakes to understand the growth strategies of black township entrepreneurs in South Africa. This paper also undertakes to investigate the perceived influence of education, government policies, access to funding, market constraints, crime and social norms on the development or perceived growth strategies for black township entrepreneurs. Propositions are made and tested through conducting interviews with individuals involved with the dynamics presented by this subject on a day to day basis. Evidence collected is interpreted into knowledge and finally recommendations are made.
- Full Text:
- Date Issued: 2017
- Authors: Boniwe, Sihlangule
- Date: 2017
- Subjects: Entrepreneurship -- South Africa , Small business -- South Africa -- Management
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/14598 , vital:27800
- Description: The situation in South Africa throws up a trickier and more unconventional challenge. The country has symptoms of a spatial realm that is not fully connected with the urban systems (spatially, socially, or structurally) and is certainly disconnected from the rural economy. This is the realm of the country’s townships and informal settlements. Conceptually, they are relics of the country’s special past, but the policies of post-apartheid South Africa have inadvertently kept their contemporary reality alive. In many ways, the townships and especially the informal settlements are similar to the slums in much of the developing world, although never was a slum formed with as much central planning and purpose as were some of the larger South African townships. This paper undertakes to understand the growth strategies of black township entrepreneurs in South Africa. This paper also undertakes to investigate the perceived influence of education, government policies, access to funding, market constraints, crime and social norms on the development or perceived growth strategies for black township entrepreneurs. Propositions are made and tested through conducting interviews with individuals involved with the dynamics presented by this subject on a day to day basis. Evidence collected is interpreted into knowledge and finally recommendations are made.
- Full Text:
- Date Issued: 2017
Employer liability for sexual harassment in the workplace revisited
- Authors: Raubenheimer, Heidi Leasel
- Date: 2014
- Subjects: Sexual harassment , Discrimination in employment
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10271 , http://hdl.handle.net/10948/d1018607
- Description: Over the last two decades our courts have become inundated with cases relating to sexual harassment in the workplace. Sexual harassment has become a major problem in the workplace hence the decision by parliament and our courts to implement policies in the workplace to try and curb the problem. The effects of sexual harassment on a victims’ job and career can be profound. It has been proven that many employees simply decide to leave their jobs or to request a transfer than to endure the harassment until they are psychologically destroyed by the embarrassing situation.The Employment Equity Act explicitly in section 6 prohibits unfair discrimination in very specific terms. It states that no person may unfairly discriminate directly or indirectly against an employee in an employment policy or practice on one or more of the grounds listed in section 6. Section 6(3) further states that harassment of an employee is a form of discrimination where the harassment is based on any one or more of the grounds listed in section 6 (1) which includes sexual harassment. Section 60 deals with the liability of employees for the conduct of their employees committed whilst the employees are at work, where such conduct contravenes the provisions of the EEA. If the conduct is brought to the attention of the employer he or she is obliged to take the necessary steps to eliminate the alleged conduct and to comply with the provisions of the EEA. Section 60(3) renders an employee vicariously liable for the conduct of an employee who contravenes the provisions of the EEA. An employee who cannot prove that reasonable steps were taken to ensure that the provisions of the EEA are not contravened will be held liable for the actions or their employees. An employer who can prove that reasonable steps were taken will not be held liable for the actions of the employee.The provisions of the EEA were applied in the case of Ntsabo v Real Security wherein an employee had been sexually harassed over a period of six months by a fellow employee. The employee had reported the incidents of sexual harassment to the corporation she was employed with which failed to take action against the senior employee. Instead of taking action the corporation moved her to a different work station and placed her on night shift. This gave her the impression that she was being punished for the deed of the senior employee which resulted in her resigning from the corporation and instituting a claim for constructive dismissal and damages for sexual harassment. The court found that she had been constructively dismissed and that the senior employee had contravened section 6(3) of the EEA. The court further held that the employer (corporation) was also liable for the conduct of the senior employee in contravening the Act. In terms of the doctrine of vicarious liability on the other an employer may be held vicariously liable for the actions of its employees committed during the course and scope of their employment. The test for vicarious liability is therefore whether at the time of the alleged act of sexual harassment the employee was acting within the course and scope of his employment. The doctrine came before the court in the case of Grobler v Naspers. In this case Grobler who was employed at Naspers alleged that has had been sexually harassed by her immediate supervisor Mr Samuels. Samuels acted as trainee manager for seven months. Grobler suffered a mental breakdown as a result of the harassment and contented that she was no longer fit to work. She approached the High court for relief and alleged that Naspers (employer) was vicariously liable for the actions of Mr Samuels and the damages she suffered. In Naspers the court had to decide whether Samuels was indeed responsible for Grobler’s condition and if so whether Naspers were vicariously liable for his actions. In coming to its decision various cases were cited by the court as authority that recognised underlying policy considerations of vicarious liability. This included considerations that the employer is in a better position to pay compensation than the employee and to render the employer liable, serves as a deterrent against similar conduct in the future. The court also remarked that the common law courts acknowledge that the evolution of the doctrine continues to be guided by policy. The court ruled that policy considerations justified the finding that Naspers was vicariously liable for the sexual harassment of Grobler. It held further that both Naspers and Samuels were jointly and severally liable for the compensation to be paid. The Code of Good Practice on the Handling of Sexual Harassment Cases which was published as an annexure to the Labour Relations Act was implemented in an attempt to eliminate sexual harassment in the workplace, to provide appropriate procedures to deal with the problem and to prevent its occurrence and to promote and to encourage the development and implementation of policies and procedures which will assist in creating workplaces free from sexual harassment. The cases quoted above demonstrate the different approaches adopted by the courts in seeking to grant relief to victims of sexual harassment. It is clear that policies and procedures should be in place in the workplace that will ensure that employers are not held liable for the actions of their employees committed during the course and scope of employment. The same can however not be said when there are no policies and procedures in place in the workplace.
- Full Text:
- Date Issued: 2014
- Authors: Raubenheimer, Heidi Leasel
- Date: 2014
- Subjects: Sexual harassment , Discrimination in employment
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10271 , http://hdl.handle.net/10948/d1018607
- Description: Over the last two decades our courts have become inundated with cases relating to sexual harassment in the workplace. Sexual harassment has become a major problem in the workplace hence the decision by parliament and our courts to implement policies in the workplace to try and curb the problem. The effects of sexual harassment on a victims’ job and career can be profound. It has been proven that many employees simply decide to leave their jobs or to request a transfer than to endure the harassment until they are psychologically destroyed by the embarrassing situation.The Employment Equity Act explicitly in section 6 prohibits unfair discrimination in very specific terms. It states that no person may unfairly discriminate directly or indirectly against an employee in an employment policy or practice on one or more of the grounds listed in section 6. Section 6(3) further states that harassment of an employee is a form of discrimination where the harassment is based on any one or more of the grounds listed in section 6 (1) which includes sexual harassment. Section 60 deals with the liability of employees for the conduct of their employees committed whilst the employees are at work, where such conduct contravenes the provisions of the EEA. If the conduct is brought to the attention of the employer he or she is obliged to take the necessary steps to eliminate the alleged conduct and to comply with the provisions of the EEA. Section 60(3) renders an employee vicariously liable for the conduct of an employee who contravenes the provisions of the EEA. An employee who cannot prove that reasonable steps were taken to ensure that the provisions of the EEA are not contravened will be held liable for the actions or their employees. An employer who can prove that reasonable steps were taken will not be held liable for the actions of the employee.The provisions of the EEA were applied in the case of Ntsabo v Real Security wherein an employee had been sexually harassed over a period of six months by a fellow employee. The employee had reported the incidents of sexual harassment to the corporation she was employed with which failed to take action against the senior employee. Instead of taking action the corporation moved her to a different work station and placed her on night shift. This gave her the impression that she was being punished for the deed of the senior employee which resulted in her resigning from the corporation and instituting a claim for constructive dismissal and damages for sexual harassment. The court found that she had been constructively dismissed and that the senior employee had contravened section 6(3) of the EEA. The court further held that the employer (corporation) was also liable for the conduct of the senior employee in contravening the Act. In terms of the doctrine of vicarious liability on the other an employer may be held vicariously liable for the actions of its employees committed during the course and scope of their employment. The test for vicarious liability is therefore whether at the time of the alleged act of sexual harassment the employee was acting within the course and scope of his employment. The doctrine came before the court in the case of Grobler v Naspers. In this case Grobler who was employed at Naspers alleged that has had been sexually harassed by her immediate supervisor Mr Samuels. Samuels acted as trainee manager for seven months. Grobler suffered a mental breakdown as a result of the harassment and contented that she was no longer fit to work. She approached the High court for relief and alleged that Naspers (employer) was vicariously liable for the actions of Mr Samuels and the damages she suffered. In Naspers the court had to decide whether Samuels was indeed responsible for Grobler’s condition and if so whether Naspers were vicariously liable for his actions. In coming to its decision various cases were cited by the court as authority that recognised underlying policy considerations of vicarious liability. This included considerations that the employer is in a better position to pay compensation than the employee and to render the employer liable, serves as a deterrent against similar conduct in the future. The court also remarked that the common law courts acknowledge that the evolution of the doctrine continues to be guided by policy. The court ruled that policy considerations justified the finding that Naspers was vicariously liable for the sexual harassment of Grobler. It held further that both Naspers and Samuels were jointly and severally liable for the compensation to be paid. The Code of Good Practice on the Handling of Sexual Harassment Cases which was published as an annexure to the Labour Relations Act was implemented in an attempt to eliminate sexual harassment in the workplace, to provide appropriate procedures to deal with the problem and to prevent its occurrence and to promote and to encourage the development and implementation of policies and procedures which will assist in creating workplaces free from sexual harassment. The cases quoted above demonstrate the different approaches adopted by the courts in seeking to grant relief to victims of sexual harassment. It is clear that policies and procedures should be in place in the workplace that will ensure that employers are not held liable for the actions of their employees committed during the course and scope of employment. The same can however not be said when there are no policies and procedures in place in the workplace.
- Full Text:
- Date Issued: 2014
Impact of the youth enterprise development fund (YEDF) of Malawi: the case of Karonga District
- Authors: Mbaluko, Kasuzi Cornex
- Date: 2014
- Subjects: Economic development -- Malawi -- Karonga District , Youth in development -- Malawi -- Karonga District , Public investments -- Malawi -- Karonga District
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9232 , http://hdl.handle.net/10948/d1021051
- Description: The youth are generally in the peripheral of most development endeavors. This research dealt with factors influencing financial sustainability of youth enterprises funded under the Youth Enterprise Development Fund in Karonga, a district in the Northern Region of Malawi. The study was conducted through a descriptive and analytical survey. Data was collected using questionnaires, interviews and Focus Group Discussions. Questionnaires were analyzed and presented using graphs and in form of percentages. Findings from the questionnaires, interviews and FGDs were analyzed for content and presented in narrative form according to the thematic areas in relation to the variables. This research has revealed that repayment rates of YEDF beneficiary enterprises in the district are at 31 percent and that those that have finished paying back the loans stand at 15 percent. The research shows that political influence and inadequate capacity building skills in business management are some of the major reasons for the low repayment of the YEDF loans. The leaders and members in most groups had no prior experience and capacity for running a business. The challenges have negatively affected the revolving nature of the fund. The study recommends that YEDF should be independent of political influence, group members be given more training to enable them understand key business and financial management skills and, strengthening monitoring and evaluation of these groups by the YEDF officers.
- Full Text:
- Date Issued: 2014
- Authors: Mbaluko, Kasuzi Cornex
- Date: 2014
- Subjects: Economic development -- Malawi -- Karonga District , Youth in development -- Malawi -- Karonga District , Public investments -- Malawi -- Karonga District
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9232 , http://hdl.handle.net/10948/d1021051
- Description: The youth are generally in the peripheral of most development endeavors. This research dealt with factors influencing financial sustainability of youth enterprises funded under the Youth Enterprise Development Fund in Karonga, a district in the Northern Region of Malawi. The study was conducted through a descriptive and analytical survey. Data was collected using questionnaires, interviews and Focus Group Discussions. Questionnaires were analyzed and presented using graphs and in form of percentages. Findings from the questionnaires, interviews and FGDs were analyzed for content and presented in narrative form according to the thematic areas in relation to the variables. This research has revealed that repayment rates of YEDF beneficiary enterprises in the district are at 31 percent and that those that have finished paying back the loans stand at 15 percent. The research shows that political influence and inadequate capacity building skills in business management are some of the major reasons for the low repayment of the YEDF loans. The leaders and members in most groups had no prior experience and capacity for running a business. The challenges have negatively affected the revolving nature of the fund. The study recommends that YEDF should be independent of political influence, group members be given more training to enable them understand key business and financial management skills and, strengthening monitoring and evaluation of these groups by the YEDF officers.
- Full Text:
- Date Issued: 2014
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