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Now showing items 21-30 of 42
The Effect of Social Media on the Employment Relationship: Can an employer use a social media post by an employee to initiate disciplinary proceedings against that employee with a view to dismissal?
(University of the Western Cape, 2021)
Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees ...
An evaluation of South African legislation to determine its adequacy in protecting employees discriminated against on the ground of sexual orientation
(University of the Western Cape, 2022)
Unfair discrimination on the ground of sexual orientation, has become an area of
concern for some employees. The Employment Equity Act 55 of 1998 (EEA), which
was enacted to give effect to section 9(4) of the Constitution, ...
The extent to which the South African law governing racial discrimination protects employees: A comparison between South Africa and Canada
(University of the Western Cape, 2022)
During apartheid the lives of black South Africans were dominated by unfair
discrimination on the ground of race. The creation of a new deracialised South Africa
began with the dismantling of the legislation that existed ...
Irregular appointments relating to promotion posts in South African public schools
(University of the Western Cape, 2022)
This research aims to illustrate that the education sector has not managed to circumvent unfair labour practices, specifically in its appointment processes relating to promotion posts. I use literature and case law to prove ...
The intersection between labour and immigration law in South Africa
(University of the Western Cape, 2022)
This thesis is focused on the rights of migrants in South Africa and how those rights are affected and intersect with the rights of migrants in terms of Immigration law or the respective laws which govern migrants. Migrants ...
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
(University of the Western Cape, 2022)
The Labour Relations Act 66 of 1995 (LRA) makes provision for dismissal of employees based on an employer’s operational requirements (also known as retrenchments). The employer needs to meet both the substantive and ...
Reforming patent law in South Africa: Social justice, human rights and big pharma
(University of the Western Cape, 2022)
Intellectual property (IP) can be defined as an idea or material that is legally protected from the unauthorised use thereof by other persons, and a person who has invented a particular pharmaceutical drug or medical product ...
The changing face of collective bargaining
(University of the Western Cape, 2001)
The International Labour Office submitted that Collective bargaining is an evolving social institution, subject to continuing process of change and growth. As practiced today in many countries, it is far different from the ...
Senior Managerial Employees: Their Right to Bargain Collectively and their Right not to be Unfairly Dismissed
(University of the Western Cape, 2001)
This paper addresses a special class of employees in the South African labour law. Senior managerial employees in South African labour law as well as the international jurisprudence have become a matter of controversy. The ...
Extension of social protection to self-employed workers: Re-considering the need and the possibilities in light of the Covid19 pandemic
(University of the Western Cape, 2023)
The research examines the implementation of social protection for self-employed workers within
the context of South Africa. The paper argues that unlike formal employees, self -employed
workers are excluded from accessing ...