Browsing Department of Mercantile and Labour Law by Title
Now showing items 108-127 of 145
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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 ... -
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 ... -
Remote working and labour legislation in South Africa
(University of the Western Cape, 2022)The coronavirus pandemic has caused working arrangements to evolve to remote work across the globe, which has become an area of concern for labour legislation, particularly in South Africa. The Labour Relations Act 66 of ... -
A review of the legal measures to protect indigenous culture in South Africa
(University of Western Cape, 2021)Globalisation has enabled the different countries of the world to be connected to each other irrespective of geographical constraints or time zones. Such connectivity has resulted in more than just an economic exchange, ... -
A review of the protection of fixed-term contract employees within South African labour law: A comparative discussion
(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 ... -
A revised role of good faith in the law of contract and employment contracts
(University of the Western Cape, 2019)Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has ... -
Revisiting Bilateral Investment Treaties (BITs) in the 21st Century : a Kenyan and South African experience
(University of the Western Cape, 2015)BITs signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or ... -
Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations
(University of the Western Cape, 2017)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, ... -
Revolutionising cross-border remittances; A legal framework for mobile money interoperability in Southern Africa
(University of Western Cape, 2021)Regiоnаl trаde, investment аnd crоss-bоrder remittаnces аre аll criticаl cоmpоnents оf ecоnоmic аnd sоciаl develоpment in the Sоuthern Аfricаn Develоpment Cоmmunity (SАDC) regiоn.1 Crоss bоrder remittаnces аre а mаin аnd ... -
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 ... -
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 ... -
The role of good corporate governance in promoting developing countries as attractive investment destinations.
(University of the Western Cape, 2020)This thesis seeks to unpack the measures and structures that a developing nation can put into place to establish itself as a good investment destination. It discusses the three theories of corporate governance, and how ... -
The role of legal and policy incentives in promoting factoring as a financing alternative for Smes in Nigeria
(University of the Western Cape, 2021)Timely, adequate and affordable access to finance is pivotal to bolstering the participation of small and medium-size enterprises (SMEs) in both domestic and international trade. Regrettably, despite their immense contributions ... -
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 ... -
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 ... -
A shareholder’s personal claim against directors for causing pure economic losses through diminution in share value: A South African critical analysis
(University of the Western Cape, 2020)If a company is harmed by the behaviour of a director as a result of financial misstatements, shareholders may suffer the economic consequences in the form of a diminution in the value of their shares. Failure on directorship ... -
Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
(University of the Western Cape, 2016)The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime ... -
The South African business judgement rule – An analysis of the rationality standard for reviewing the conduct of a director
(University of the Western Cape, 2023)The legal nature of a company is that of an artificial person, which exists separately from the management and shareholders of that company.1 Consequently, it lacks the ability to act on its own and must act through ... -
South African company law in the fourth industrial revolution: does artificial intelligence create a need for legal reform?
(University of the Western Cape, 2021)Across the world, the Fourth Industrial Revolution (4IR)1 is disrupting the law.2 The 4IR has specifically disrupted commercial law in areas such as banking,3 competition,4 consumer protection,5 contract,6 insurance,7 ... -
South Africa’s utilisation of the world trade organisations instruments in the protection of the textile and poultry industries
(University of the Western Cape, 2020)The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the ...