Browsing Faculty of Law by Author "Huysamen, Elsabe"
Now showing items 1-11 of 11
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Alternative dispute resolution in the BRICS nations: A comparative labour law perspective
Gerber, Marcel (University of the Western Cape, 2019)Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available ... -
Are employees suffering from depression in the South African workplace protected by the existing disability provisions within employment law?
Welgemoed, Bernice (University of the Western Cape, 2017)Depression is a mood disorder that negatively affects the way in which a person feels about himself or herself. This can ultimately affect an employee's ability to work, through reducing his or her capabilities to perform ... -
Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?
Mbwaalala, Ndemufayo Regto (University of the Western Cape, 2013)The ever increasing regional and global trade competition has manifested itself in a growing number of non-standard forms of employment including the increasing use of "temporary employment services" (or “labour brokers” ... -
A comparative study on dismissal by operation of law in terms of the Public Service Act: South Africa and Namibia
Podile, Podile Jonas (University of the Western Cape, 2019)The right to fair dismissal in South Africa is prescribed in the Labour Relation Act 66 of 1995 as amended. Employees may only be dismissed on grounds of misconduct, incapacity and operational requirements. The requirements ... -
Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
Muswaba, Manager Mhangarai (University of the Western Cape, 2019)The power and influence of unions in South Africa is often associated with creating maximum beneficiation for their members. This is based on their ability to, among other things, mobilise industrial action and represent ... -
‘Equal Pay for work of equal value’: Unfair discrimination within the South African workplace – A comparative study
Palmer, Aurial Kim (University of the Western Cape, 2023)The Employment Equity Act 55 of 1998 (EEA) was amended by the Employment Equity Amendment Act 47 of 2013 (EEAA), which, amongst others, introduced sections 6(4) and 6(5) into the Act. Sections 6(4) and 6(5) of the EEAA ... -
Mediation as an alternative to litigation: A comparative study between South Africa and Germany
Öztunali, Timur Mete (University of Western Cape, 2019)The judicial court system in South Africa is overburdened, which results in parties having to wait for long periods of time to have their matters settled or even heard. Furthermore, the cost of litigation in South Africa ... -
The regulation of mental health in the South African workplace: a comparative analysis of South Africa, the Netherlands, Northern Ireland and the United Kingdom
Keil, Lara (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 ... -
A review of the protection of fixed-term contract employees within South African labour law: A comparative discussion
Joubert, Amanda Michelle (University of Western Cape, 2021)This research aims to explore the available legislative protection afforded to atypical employment, with specific reference to fixed-term workers. Atypical, employed workers, such as fixed-term workers, are often exploited ... -
The selection criteria to be used in dismissals for operational requirements: A comparative analysis between South Africa, Germany and United Kingdom
Ngeyakhe, Zintle (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 ... -
The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995.
Mzimba, Nomlindelo (University of the Western Cape, 2018)In the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative ...