A comparative study on the effectiveness of minimum service agreements within the public service
- Authors: De Bruin, Frederik Johannes
- Date: 2013
- Subjects: Strikes and lockouts -- Public utilities , Collective labor agreements -- Service industries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10253 , http://hdl.handle.net/10948/d1020811
- Description: The principle of the right to strike is Internationally recognised. Although the right to strike is not set out explicitly in the International Labour Organizations (ILO) Conventions and Recommendations. It has been discussed on several occasions in the International Labour Conference during the course of preparatory work on instruments dealing with related topics, but for various reasons this has never given rise to international standards (Conventions or Recommendations) directly governing the right to strike. The ILO has determined that the right to strike can be derived from the right to Freedom of Association. The ILO Committee does however recognises certain limitations on the right to strike such as not finding any objection to national legislation that would prohibit the right to strike of armed or police forces. Both the Committee on Freedom of Association and the Committee of experts were also mindful, where public servants are concerned, that the recognition of the right to association of public servants in no way prejudges the question of the right of public servants to strike. The ILO also makes provision for the establishment of essential services as to ensure the continuation of services were the interruption of such would endanger the life, personal safety or health of the whole or part of the population. In this limitation it however holds that a “minimum safety service” may be imposed to ensure the safety of persons, the prevention of accidents and the safety of machinery and equipment In our Constitution, the supreme law of the Country, the right to strike is enshrined and protected in section 23 under the bill of rights. The Constitution however allows enabling legislation, under specific circumstances, to limit a right listed in section 23. The Labour Relations Act (LRA) places a limitation on the right to strike, specifically providing that no person may take part in a strike if that person is engaged in an essential service. Because the right to strike is so important, a limitation of these kind needs to be justified and, to be justified it needs, among other things, to be limited. In section 72 of the LRA provision is made for a minimum service within a designated essential service. Therefore, the ambit of the designated essential service is shrunk to the minimum service and those employees who were denied the right to strike while the broader essential service designation was in place, but who fall outside the defined minimum service, regains the right to strike. The concept of minimum services has however became a matter of regular discussion and debate. The concept of minimum services is not defined to the letter but it is regarded as the minimum service an industry or workplace would require as to ensure interruption of services would not endanger the life, personal safety or health of the whole or part of the population. Our legislatures have also been grappling with the concept of essential and minimum services. They have developed a comprehensive set of amendments trying to address some of the concerns in the composition, powers and functions of the Essential Services Committee (ESC). It is debatable if these proposed amendments would bring forth the necessary change to address these concerns or just become a further bureaucratic hindrance and due to the extreme complexity may even pose a limitation on the right to strike. There is also no differentiation made in the current labour legislation and the proposed amendments, between the public service and the private sector in application of the principle of essential and minimum services. Implementation of these principles in the public services has shown to be extremely challenging. Part of the proposed amendments however makes provision for the specific inclusion of government in the composition of the ESC. It is viewed by the drafters, that the introduction of government nominees to be an innovation to ensure that government is adequately represented on the essential services committee in its capacity as an employer, as a high proportion of essential service matters occur within the public service. This may be viewed as contrary to International standards as the ILO makes clear provision for a differentiated interpretation of the right to freedom of association, the right to strike, essential services and minimum services for people performing functions in the name of the State (public servants). The concept of public servant varies considerably from one country to another. Germany within their governance structure makes provision for a differentiation between civil servants and public servants and the labour rights the two groups may have. In France the military, police and prison services does not have the right to strike. In India public service employees have very limited organising and collective bargaining rights. In Brazil the police and the military do not have the right to strike and there are no legal provisions concerning the right to strike for civil servants. This is in strong contrast with the South African model. The South African Constitution and National Legislation does not allow for a differentiation in the application of labour legislation in the public service and the private sector. The application of the principles of labour relations and more specifically that of the right to strike and the determination of essential services must differ in the public services from that of the private sector. The public service is unique in that when workers in strike action it is not a purely defined labour process between an employer and employees but the public at large becomes a third player within the process. When public servants engage in industrial action they do not only deprive the community of certain rights, but indirectly deprive themselves from the same rights. There has been a resistant fear to implement the provisions of minimum services within the designated essential services within the public service, mainly because of the challenges in conceptualization of the practical implementation of the same. The environment created by the LRA does not specifically provide for the unique circumstances of the public service. The right to strike is a fundamental right for workers and therefore public servants won’t forfeit such. There is a recognition that the State needs to deliver services which will necessitate the application of the principle of essential services. However the answer will be in how minimum services is determined within these essential services. An answer that may not necessarily be contained within the Labour Relations Act.
- Full Text:
- Date Issued: 2013
- Authors: De Bruin, Frederik Johannes
- Date: 2013
- Subjects: Strikes and lockouts -- Public utilities , Collective labor agreements -- Service industries
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10253 , http://hdl.handle.net/10948/d1020811
- Description: The principle of the right to strike is Internationally recognised. Although the right to strike is not set out explicitly in the International Labour Organizations (ILO) Conventions and Recommendations. It has been discussed on several occasions in the International Labour Conference during the course of preparatory work on instruments dealing with related topics, but for various reasons this has never given rise to international standards (Conventions or Recommendations) directly governing the right to strike. The ILO has determined that the right to strike can be derived from the right to Freedom of Association. The ILO Committee does however recognises certain limitations on the right to strike such as not finding any objection to national legislation that would prohibit the right to strike of armed or police forces. Both the Committee on Freedom of Association and the Committee of experts were also mindful, where public servants are concerned, that the recognition of the right to association of public servants in no way prejudges the question of the right of public servants to strike. The ILO also makes provision for the establishment of essential services as to ensure the continuation of services were the interruption of such would endanger the life, personal safety or health of the whole or part of the population. In this limitation it however holds that a “minimum safety service” may be imposed to ensure the safety of persons, the prevention of accidents and the safety of machinery and equipment In our Constitution, the supreme law of the Country, the right to strike is enshrined and protected in section 23 under the bill of rights. The Constitution however allows enabling legislation, under specific circumstances, to limit a right listed in section 23. The Labour Relations Act (LRA) places a limitation on the right to strike, specifically providing that no person may take part in a strike if that person is engaged in an essential service. Because the right to strike is so important, a limitation of these kind needs to be justified and, to be justified it needs, among other things, to be limited. In section 72 of the LRA provision is made for a minimum service within a designated essential service. Therefore, the ambit of the designated essential service is shrunk to the minimum service and those employees who were denied the right to strike while the broader essential service designation was in place, but who fall outside the defined minimum service, regains the right to strike. The concept of minimum services has however became a matter of regular discussion and debate. The concept of minimum services is not defined to the letter but it is regarded as the minimum service an industry or workplace would require as to ensure interruption of services would not endanger the life, personal safety or health of the whole or part of the population. Our legislatures have also been grappling with the concept of essential and minimum services. They have developed a comprehensive set of amendments trying to address some of the concerns in the composition, powers and functions of the Essential Services Committee (ESC). It is debatable if these proposed amendments would bring forth the necessary change to address these concerns or just become a further bureaucratic hindrance and due to the extreme complexity may even pose a limitation on the right to strike. There is also no differentiation made in the current labour legislation and the proposed amendments, between the public service and the private sector in application of the principle of essential and minimum services. Implementation of these principles in the public services has shown to be extremely challenging. Part of the proposed amendments however makes provision for the specific inclusion of government in the composition of the ESC. It is viewed by the drafters, that the introduction of government nominees to be an innovation to ensure that government is adequately represented on the essential services committee in its capacity as an employer, as a high proportion of essential service matters occur within the public service. This may be viewed as contrary to International standards as the ILO makes clear provision for a differentiated interpretation of the right to freedom of association, the right to strike, essential services and minimum services for people performing functions in the name of the State (public servants). The concept of public servant varies considerably from one country to another. Germany within their governance structure makes provision for a differentiation between civil servants and public servants and the labour rights the two groups may have. In France the military, police and prison services does not have the right to strike. In India public service employees have very limited organising and collective bargaining rights. In Brazil the police and the military do not have the right to strike and there are no legal provisions concerning the right to strike for civil servants. This is in strong contrast with the South African model. The South African Constitution and National Legislation does not allow for a differentiation in the application of labour legislation in the public service and the private sector. The application of the principles of labour relations and more specifically that of the right to strike and the determination of essential services must differ in the public services from that of the private sector. The public service is unique in that when workers in strike action it is not a purely defined labour process between an employer and employees but the public at large becomes a third player within the process. When public servants engage in industrial action they do not only deprive the community of certain rights, but indirectly deprive themselves from the same rights. There has been a resistant fear to implement the provisions of minimum services within the designated essential services within the public service, mainly because of the challenges in conceptualization of the practical implementation of the same. The environment created by the LRA does not specifically provide for the unique circumstances of the public service. The right to strike is a fundamental right for workers and therefore public servants won’t forfeit such. There is a recognition that the State needs to deliver services which will necessitate the application of the principle of essential services. However the answer will be in how minimum services is determined within these essential services. An answer that may not necessarily be contained within the Labour Relations Act.
- Full Text:
- Date Issued: 2013
Factors impending the implementation of the school nutrition programme in King Williams Town
- Authors: Magadu, Nceba
- Date: 2011
- Subjects: School children -- Food -- South Africa -- KingWilliams Town , Poverty -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:8167 , http://hdl.handle.net/10948/1648 , School children -- Food -- South Africa -- KingWilliams Town , Poverty -- South Africa -- Eastern Cape
- Description: The National School Nutrition Programme (NSNP) is a poverty alleviation strategy, which was introduced in 1994 by the Government of South Africa as part of the Reconstruction and Development Programme (RDP). Studies of the Food and Agriculture Organisation, United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the World Health Organisation (WHO), show that hunger, nutrition, and poverty, are strongly correlated. The same studies note that in the world as a whole, hunger impacts negatively on Millennium Development Goals, namely universal primary education, gender equality, child mortality, maternal health, management of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis (TB) and malaria, and environmental stability. Hunger, specifically, has been shown to contribute to reduced school attendance, impaired cognitive capacity, high child mortality rates, high maternal death rates, increased migratory labour that increases the spread of HIV, and the unsustainable use of forest lands and resources (South African Department of Education, 2004: 3).” The National School Nutrition Programme aims at providing meals to mostly the needy learners, who come from poor families. Good food provides energy for the brain. The meals that are provided at schools are, therefore, intended to give energy for mental and physical activities for the body and brain to function, and to make learners alert and receptive during lessons (South African Province of the Eastern Cape Department of Education, 2008: 2). Currently, meals in South African Schools are provided to all learners in Quintile 1, 2 and 3 public primary schools from Grades R to 7. The programme was extended to Quintile 1 secondary schools in April 2009. All Quintile 2 and 3 public secondary schools will be included in 2010 and 2011 respectively (South African Eastern Cape Province Department of Education, 2008: 3). To collect information for research purposes, the researcher used a qualitative approach. This approach, which is used by the researcher, seeks to identify the impediments that pose challenges to effective and efficient implementation of the NSNP in the King William’s Town District of the Department of Education in Province of the Eastern Cape. The sample covers two rural schools participating in the NSNP in the King William’s Town District, namely Fort Murray Junior and Senior Primary School, and Qongqotha Junior and Senior Primary School. In each school, the principal, the chairperson of the School Governing Body, the teacher in charge of the NSNP, and Grade 7 learners, formed part of the sample of the study. Added to these participants have been the Service Provider and the District Coordinator of the NSNP in the King William’s Town District. The researcher chose these two schools that are locally based (within a 10km radius from the researcher’s place of residence) for convenience purposes, in terms of cutting down on travelling costs. The empirical findings were analysed and interpreted, and in presenting the findings, special reference to the research question is made, namely: “What are the challenges that impede the successful implementation of the National School Nutrition Programme in the King William’s Town District of the Eastern Cape Department of Education?” The recommendations reflected heavily on the purpose of the study, namely, that the Department of Education in the Eastern Cape has not managed the NSNP efficiently and effectively. The findings of this study reflect that there are still challenges that continue to plague the NSNP after seven years of the inception of the programme by Department of Education. The empirical findings of this study have revealed that the challenges confronting the implementation of the NSNP could be attributed to poor governance by the Department of Education officials. Some pockets of excellence of the NSNP are noted in the study. Recommendations are made to mitigate the problem situation.
- Full Text:
- Date Issued: 2011
- Authors: Magadu, Nceba
- Date: 2011
- Subjects: School children -- Food -- South Africa -- KingWilliams Town , Poverty -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: vital:8167 , http://hdl.handle.net/10948/1648 , School children -- Food -- South Africa -- KingWilliams Town , Poverty -- South Africa -- Eastern Cape
- Description: The National School Nutrition Programme (NSNP) is a poverty alleviation strategy, which was introduced in 1994 by the Government of South Africa as part of the Reconstruction and Development Programme (RDP). Studies of the Food and Agriculture Organisation, United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the World Health Organisation (WHO), show that hunger, nutrition, and poverty, are strongly correlated. The same studies note that in the world as a whole, hunger impacts negatively on Millennium Development Goals, namely universal primary education, gender equality, child mortality, maternal health, management of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis (TB) and malaria, and environmental stability. Hunger, specifically, has been shown to contribute to reduced school attendance, impaired cognitive capacity, high child mortality rates, high maternal death rates, increased migratory labour that increases the spread of HIV, and the unsustainable use of forest lands and resources (South African Department of Education, 2004: 3).” The National School Nutrition Programme aims at providing meals to mostly the needy learners, who come from poor families. Good food provides energy for the brain. The meals that are provided at schools are, therefore, intended to give energy for mental and physical activities for the body and brain to function, and to make learners alert and receptive during lessons (South African Province of the Eastern Cape Department of Education, 2008: 2). Currently, meals in South African Schools are provided to all learners in Quintile 1, 2 and 3 public primary schools from Grades R to 7. The programme was extended to Quintile 1 secondary schools in April 2009. All Quintile 2 and 3 public secondary schools will be included in 2010 and 2011 respectively (South African Eastern Cape Province Department of Education, 2008: 3). To collect information for research purposes, the researcher used a qualitative approach. This approach, which is used by the researcher, seeks to identify the impediments that pose challenges to effective and efficient implementation of the NSNP in the King William’s Town District of the Department of Education in Province of the Eastern Cape. The sample covers two rural schools participating in the NSNP in the King William’s Town District, namely Fort Murray Junior and Senior Primary School, and Qongqotha Junior and Senior Primary School. In each school, the principal, the chairperson of the School Governing Body, the teacher in charge of the NSNP, and Grade 7 learners, formed part of the sample of the study. Added to these participants have been the Service Provider and the District Coordinator of the NSNP in the King William’s Town District. The researcher chose these two schools that are locally based (within a 10km radius from the researcher’s place of residence) for convenience purposes, in terms of cutting down on travelling costs. The empirical findings were analysed and interpreted, and in presenting the findings, special reference to the research question is made, namely: “What are the challenges that impede the successful implementation of the National School Nutrition Programme in the King William’s Town District of the Eastern Cape Department of Education?” The recommendations reflected heavily on the purpose of the study, namely, that the Department of Education in the Eastern Cape has not managed the NSNP efficiently and effectively. The findings of this study reflect that there are still challenges that continue to plague the NSNP after seven years of the inception of the programme by Department of Education. The empirical findings of this study have revealed that the challenges confronting the implementation of the NSNP could be attributed to poor governance by the Department of Education officials. Some pockets of excellence of the NSNP are noted in the study. Recommendations are made to mitigate the problem situation.
- Full Text:
- Date Issued: 2011
Development finance institutions and sustainable economic development : a case of the idc South Africa
- Authors: Mare, Timothy
- Date: 2020
- Subjects: Economic development -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/48872 , vital:41166
- Description: The purpose of this research study is to assess the extent that the Industrial Development Cooperation (IDC) of South Africa a Development Finance Institution (DFI), has contributed to the sustainable economic development of South Africa. The objective is to quantify the impact that is attributed to the IDC’s activities in South Africa in terms of socio-economic development contributing to sustainable economic development. Social development is fundamentally important in contributing to the economic development of any country. The research constituted the collection and quantitative analysis of data using reports from the IDC. The social output index modelling developed by the World Bank was used to analyse the data and make conclusive arguments regarding the impact that the IDC was having on economic development. The findings indicate that the IDC significantly lends less comparatively to lower income groups thus resulting in a negative contribution in terms of social developmental goals. Further the analysis through social output index model suggests that the IDC in as far as socio-development is concerned did not contributing positively to sustainable economic development between 2014 and 2018 reporting periods. The following recommendations are suggested: Increase awareness about the real impact of each investment across the IDC group, this will ensure that all proposals for investment are assessed with a component focusing on a socio-developmental perspective; reduce the number of mandates that the IDC currently has and establish broader frameworks for DFIs regardless of which government is in power or control.
- Full Text:
- Date Issued: 2020
- Authors: Mare, Timothy
- Date: 2020
- Subjects: Economic development -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/48872 , vital:41166
- Description: The purpose of this research study is to assess the extent that the Industrial Development Cooperation (IDC) of South Africa a Development Finance Institution (DFI), has contributed to the sustainable economic development of South Africa. The objective is to quantify the impact that is attributed to the IDC’s activities in South Africa in terms of socio-economic development contributing to sustainable economic development. Social development is fundamentally important in contributing to the economic development of any country. The research constituted the collection and quantitative analysis of data using reports from the IDC. The social output index modelling developed by the World Bank was used to analyse the data and make conclusive arguments regarding the impact that the IDC was having on economic development. The findings indicate that the IDC significantly lends less comparatively to lower income groups thus resulting in a negative contribution in terms of social developmental goals. Further the analysis through social output index model suggests that the IDC in as far as socio-development is concerned did not contributing positively to sustainable economic development between 2014 and 2018 reporting periods. The following recommendations are suggested: Increase awareness about the real impact of each investment across the IDC group, this will ensure that all proposals for investment are assessed with a component focusing on a socio-developmental perspective; reduce the number of mandates that the IDC currently has and establish broader frameworks for DFIs regardless of which government is in power or control.
- Full Text:
- Date Issued: 2020
Investigating a positioning strategy for a car wash business in Port Elizabeth : a case study
- Authors: Naidoo-Kurup, Malanie
- Date: 2012
- Subjects: Car wash industry -- South Africa -- Port Elizabeth , Informal sector (Economics) -- South Africa -- Port Elizabeth , Economic development -- South Africa , Small business -- South Africa -- Planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8856 , http://hdl.handle.net/10948/d1020148
- Description: The aim of this study was to determine an appropriate positioning strategy for a car wash business in Port Elizabeth to promote its competitive advantage in the market place. To meet this aim the customers' perceptions of the business were examined. It has been widely acknowledged by researchers and development agencies that Small, Medium and Micro Enterprises (SMMEs) and entrepreneurs play a crucial role in the economic development of a nation. This is particularly significant for a developing nation such as South Africa to address its critical challenges of unemployment and poverty which impact on social stability. Research reveals that the failure rate of SMMEs in South Africa is an alarming 75 percent. In this context, the need to explore innovative strategies to support and sustain the SMME sector has become increasingly important. A detailed survey of relevant literature revealed that the attributes of a firm that relate to the quality of service, pricing, attitudes of staff, image of the firm etc. can be considered as important variables which customers use to differentiate a business from its competitors. It is suggested that the success of a firm largely depends on its ability to position itself in a competitive environment by focusing on attributes which customers value the most in relation to similar businesses. This case study was approached from a positivist paradigm and data from 61 customers of the car wash were collected. The quantitative data were statistically analysed to examine the attributes of the business which the respondents of the survey perceived as offering the most value to them when compared to other car washes in the area. These attributes were then used to develop a positioning map for the business. The results showed that the attribute of the business which was most valued by the respondents was the manual washing of vehicles. A positioning strategy for the car wash based on this finding is suggested.
- Full Text:
- Date Issued: 2012
- Authors: Naidoo-Kurup, Malanie
- Date: 2012
- Subjects: Car wash industry -- South Africa -- Port Elizabeth , Informal sector (Economics) -- South Africa -- Port Elizabeth , Economic development -- South Africa , Small business -- South Africa -- Planning
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8856 , http://hdl.handle.net/10948/d1020148
- Description: The aim of this study was to determine an appropriate positioning strategy for a car wash business in Port Elizabeth to promote its competitive advantage in the market place. To meet this aim the customers' perceptions of the business were examined. It has been widely acknowledged by researchers and development agencies that Small, Medium and Micro Enterprises (SMMEs) and entrepreneurs play a crucial role in the economic development of a nation. This is particularly significant for a developing nation such as South Africa to address its critical challenges of unemployment and poverty which impact on social stability. Research reveals that the failure rate of SMMEs in South Africa is an alarming 75 percent. In this context, the need to explore innovative strategies to support and sustain the SMME sector has become increasingly important. A detailed survey of relevant literature revealed that the attributes of a firm that relate to the quality of service, pricing, attitudes of staff, image of the firm etc. can be considered as important variables which customers use to differentiate a business from its competitors. It is suggested that the success of a firm largely depends on its ability to position itself in a competitive environment by focusing on attributes which customers value the most in relation to similar businesses. This case study was approached from a positivist paradigm and data from 61 customers of the car wash were collected. The quantitative data were statistically analysed to examine the attributes of the business which the respondents of the survey perceived as offering the most value to them when compared to other car washes in the area. These attributes were then used to develop a positioning map for the business. The results showed that the attribute of the business which was most valued by the respondents was the manual washing of vehicles. A positioning strategy for the car wash based on this finding is suggested.
- Full Text:
- Date Issued: 2012
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