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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 ...
The implications of the African continental free trade area on existing regional economic communities in Africa
(University of the Western Cape, 2023)
Countries world over are employing different strategies to grow their economies and
improve the living standards of their people. Among the initiatives being employed is
regional economic integration. Regional economic ...
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 ...
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 ...
An examination of the corporate governance failures and challenges at key South African SOEs and the implications on enterprise efficiency: A case study of ESKOM
(University of the Western Cape, 2023)
Corporate Governance encapsulates a set of rules and corporate systems which have been established to steer a company in a certain direction. In the case of State-Owned Entities, these entities were established as a mechanism ...
Examining privatisation as a solution to rescue South African state-owned entities
(University of the Western Cape, 2023)
The term ‘state-owned entity’ (SOE) has no universal definition. ‘SOE’ refers to businesses founded by central and local governments and managed by government officials.1 An SOE can also be understood as a legal entity ...
The enlightened shareholder value (esv) approach and the interpretation of the phrase ‘best interests of the company’ in South Africa
(University of the Western Cape, 2023)
According to section 76(3)(b) of the Companies Act 71 of 2008, directors are obligated to incorporate the company's best interests in their objectives. Generally, this phrase denotes the interests of the shareholders ...
A critique of the SADC region’s regulatory response measures to the Covid-19 pandemic, paying special attention to travel restriction measures and their effect on food security
(University of the Western Cape, 2023)
The transition in the economy around the globe has led many countries to pursue integration at various levels. The importance of regional integration is highly noted in various parts of the world, with the most successful ...