Browsing Faculty of Law by Subject "Labour law"
Now showing items 1-20 of 24
-
Addressing the social protection deficits for waste reclaimers in South Africa
(University of the Western Cape, 2023)Globally, social protection is an important aspect of creating a well-functioning labour market that promotes decent working conditions and alleviates poverty.1 Social protection is crucial in both living and working ... -
Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?
(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” ... -
Collective bargaining in the digital platform economy
(University of the Western Cape, 2022)Collective bargaining is a process in which collective negotiation takes place between an employer and groups of employees who are represented by trade unions with conflicting interests seeking to reach an agreement.1 ... -
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 ... -
Deductions from employees’ remuneration: seeking clarity in the law
(2009)Sectoral Determination 9,1 Wholesale and Retail Sector echoes the wording found in the Basic Conditions of Employment Act2 when it comes to the section pertaining to deductions from employees’ remuneration. It is unclear ... -
The effectiveness of the South African critical skills visa in comparative perspective
(University of the Western Cape, 2023)There are notable skill shortages in South Africa. This thesis explores the reasons behind the skills shortages, including the impact of apartheid on education, brain drain, brain waste, and lack of apprenticeships. ... -
Effects of multiple trade unions in public institutions of South Africa: The case of Ekurhuleni East Technical and Vocational Education and Training College
(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 ... -
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 ... -
Evaluating the effectiveness of the audit committee: A case for protection of the independence of the audit committee under the South African corporate structure
(University of the Western Cape, 2022)The recent wave of corporate governance failures in South Africa has exposed, among others, weaknesses in the realm of the audit committee as an oversight body within the corporate structure, both in private and public ... -
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 ... -
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 ... -
Implications of patriarchal customs on the enjoyment of human rights by women and children in South Africa
(University of the Western Cape, 2023)This study argues that in South Africa, women and children lack sufficient knowledge about their human rights, specifically their cultural rights. Human rights are inherent in everyone simply because they are human. Human ... -
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 ... -
Labour legislation and SMME's: The impact of sectoral determination 1: contract cleaning sector South Africa on the growth of small, medium and micro enterprise
(University of the Western Cape, 2006)This thesis explored the impact that Sectoral Determination 1: Contract Cleaning Sector, South Africa had on the growth of small, medium and micro enterprises (SMMEs) in the sector. It critically examined the prevailing ... -
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 ... -
Protection of pregnant employees in the South African workplace : a labour law perspective
(University of the Western Cape, 2015)The Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. ... -
A reasonable expectation of indefinite employment upon the expiry of a fixed-term employment contract
(University of the Western Cape, 2023)Section 186(1)(b)(ii) of the Labour Relations Act 66 of 1995 (LRA), as amended, came into effect on 1 January 2015. This section provides the special right, of an employee, to claim dismissal based on a reasonable expectation ... -
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 ...