Browsing Magister Legum - LLM (Mercantile and Labour Law) by Issue Date
Now showing items 1-20 of 155
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Freedom of association and union security arrangements in the republic of South Africa and the Federal Republic of Germany
(University of the Western Cape, 1997)In the history of labour relations, trade unions have played a major role in protecting the rights of employees and improving their working conditions. They have defended their members against exploitation by employers. ... -
Trade and development in the WTO: special and differential treatment for developing countries in the WTO
(University of the Western Cape, 2000)The integration of developing countries into the multilateral trade system has greatly evolved over the last fifty years, as has the thinking about the nature of trade policies appropriate for development. The purpose ... -
Remedies for unfair dismissal under the Labour Relations Act 66 of 1995
(University of the Western Cape, 2001)The Labour Relations Act 66 of 1995 (the Act) is primarily aimed at the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This is principally done through collective ... -
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 ... -
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ... -
The Right to Privacy and the Challenge of Modern Cell Phone Technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and has freedom from public attention. A person's right to privacy entails that such a person should have control over his or her ... -
Transfer of business or part thereof in Germany and South Africa- a comparison of $ 613a of the German civil code (bgb) and section 197 of the labour relations act (lra)
(University of the Western Cape, 2005)The title of this mini-thesis is "Transfer of Business or part thereof in South Africa and Germany- a Comparison of $ 613a of the German Civil Code (BGB)I and Section 197 of the Labour Relations Act (LRA) 2". One reason ... -
Discrimination to the employment context on the ground of religion: an examination of the position in South African and European union law
(University of the Western Cape, 2008)In this mini-thesis, I try to explore that the right to equality has brought with it the right not to discriminate against on various prohibited grounds, including religion. This minithesis examines the right not to be ... -
The importance of an effective institutional framework for the realisation of regional economic integration objectives: A case study of the East African Community (EAC).
(University of the Western Cape, 2009)The East African Commu1nity (EAC) was re-established on 30 November 1999 by the Republics of Kenya and Uganda and the United Republic of Tanzania1 signing the Treaty for the Establishment of the East African Community ... -
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)Kenya has embarked on a constitutional making process that is hoped to ensure a transition to democracy. The current constitution making process is not the first of its kind in post independence Kenya.1 Since the Lancaster ... -
The conflicting aspects of economic development within economic partnership agreements: will they promote development? a case study of the East African community economic partnership agreement
(University of the Western Cape, 2009)After negotiations since September 2002, 1 35 African Caribbean and Pacific (ACP) countries, out of 79 initiated new trading arrangements with the European Community (EC) in November and December 2007. For these ACP ... -
Towards democratic decision-making In environmental law: An investigation of the implementation of public Participation and access to administrative justice
(University of the Western Cape, 2010)An environment, which is not dangerous to the health or well-being of individuals, is every South African's basic Human right.1 In addition.it is every South African's basic human right to have the environment protected ... -
The interaction between trade and climate change law and policy : from potential conflict to mutual supportiveness
(Uiversity of the Western Cape, 2012)This paper explores the relationship between trade and climate change regimes, the potential areas of conflict, and what can be done to promote mutual gains. Apart from exploring the key issues and examining the conceptual ... -
Foreign direct investment in Cameroon: establishing effective investment regulations
(University of the Western Cape, 2012)Foreign Direct Investment (FDI) began as a worldwide phenomenon in the 19th and early 20th centuries. Even then, it formed only a small portion of foreign investments for decades, as a greater percentage took the form of ... -
The potential impacts of contract review on foreign direct investments in mining resources: case study of Tanzania and Democratic Republic of Congo
(University of the Western Cape, 2012)This work deals with the potential impacts of contract review on foreign direct investments in mining resources. The research has cited Tanzania and the Democratic Republic of Congo as the case study because the two countries ... -
Trade and environment: the environmental impacts of the agricultural sector in South Africa
(University of the Western Cape, 2012) -
Bad office politics: victimisation and intimidation in the workplace
(University of the Western Cape, 2013) -
The admissibility and evidential weight of electronic evidence in South African legal proceedings: a comparative perspective
(University of the Western Cape, 2013)This research will analyse legislation, case law, law commission papers and reports, as well as academic commentary on electronic evidence in South Africa, Canada and England. A comparative analysis will be conducted in ... -
Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system
(University of the Western Cape, 2014)Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which ...