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The effectiveness of South African legislation in protecting black employees from racial discrimination
(University of the Western Cape, 2022)
The Apartheid government passed segregation laws which favoured the white minority
and unfairly discriminated against black people. The Constitution of the Republic of South
Africa acknowledges the hardships caused by ...
To what extent does the law governing dismissals based on operational requirements protect employees?
(University of the Western Cape, 2022)
Retrenchments or dismissals based on operational requirements are defined as
requirements based on economic, technological or similar needs of an employer.1 In
terms of the Labour Relations Act 66 of 1995, a dismissal ...
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 ...
The role of criminal prosecution in curbing xenophobic attacks in South Africa
(University of the Western Cape, 2022)
Xenophobic attacks on foreign nationals are not a new phenomenon in South Africa. It is endemic and persistent. Notwithstanding these realities, very little is known in the public domain about the criminal justice responses ...
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 regulation of mental health in the South African workplace: a comparative analysis of South Africa, the Netherlands, Northern Ireland and the United Kingdom
(University of the Western Cape, 2022)
The first democratic national elections held in 1994 marked the start of a new democratic era for South Africa, built upon the foundations of non-discrimination, democracy and equality for all.1 At the heart of the new ...
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 ...