Incapacity, disability and dismissal : the implications for South African labour jurisprudence
Hoskins, Jonathan Mark
MetadataShow full item record
Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place.
Showing items related by title, author, creator and subject.
Employees’ perception of the factors that prevent disclosure of disability status to the employer: case of a selected higher education institution Van der Bergh, Euneece Audrey (University of the Western Cape, 2019)There is an increase in the number of people with disabilities entering, and in the workplace. Industrialised countries are encountering a workforce that is ageing, which makes the prevalence of disability, due to chronic ...
The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa Chilemba, Enoch MacDonnell (University of Western Cape, 2014)This thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the ...