Department of Mercantile and Labour Law: Recent submissions
Now showing items 21-40 of 148
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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 ... -
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 ... -
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 ... -
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 ... -
The extension of social protection to informal farm workers in South Africa
(University of the Western Cape, 2023)Social protection is regarded as a means to alleviate poverty. It provides workers with protection against socio-economic risks. However, not all workers have access to social protection. An example is informal farm workers. ... -
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 ... -
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 ... -
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 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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 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 ... -
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 ... -
Irregular appointments relating to promotion posts in South African public schools
(University of the Western Cape, 2022)This research aims to illustrate that the education sector has not managed to circumvent unfair labour practices, specifically in its appointment processes relating to promotion posts. I use literature and case law to prove ... -
‘Equal Pay for work of equal value’: Unfair discrimination within the South African workplace – A comparative study
(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 ... -
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 ...