Browsing Labour Law by Title
Now showing items 1-20 of 59
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The admission of hearsay evidence, evidence obtained from entrapment and the interception and and monitoring of communications in arbitration proceedings conducted in terms of the Labour Relations Act, 1995.
(2014)The law of evidence takes quite a rigid stance in criminal courts in order to afford an accused person a fair trial, as envisaged by the Constitution. It thus follows that the standard of proof in criminal courts is beyond ... -
Affirmative action for people with disabilities in the South African workplace : compliance and enforcement.
(2015)This study is concerned with affirmative action for people with disabilities in the South African workplace with a focus on compliance and monitoring. Affirmative action is a temporary means to promote equality. In South ... -
An analysis of intolerable conduct as a ground of constructive dismissal.
(2015)Constructive dismissal with particular reference to s 186(e) of the Labour Relations Act 66 of 1995 forms the main subject of this Dissertation. The section explains „dismissal‟ to incorporate a position where a worker ... -
An analysis of social media misconduct in the workplace.
(2018)This paper serves to analyse social media misconduct in the workplace. The introduction of electronic and social media has brought about significant changes to how business is conducted. Despite its widespread benefits, ... -
An analysis of the presentation and admissibility of evidence at CCMA arbitrations.
(2013)Historically, labour dispute resolution in South Africa has been synonymous with being expensive, unnecessarily lengthy and ineffective. The Labour Relations Act (LRA) 66 of 1995 set out to change this through the creation ... -
An analysis of the substantive fairness in cases of dismissal for misconduct in South Africa - the need for constitutional value of dignity in determining substantive fairness.
(2017)The development of labour laws in South Africa has registered major strides in regulating the employment relations. These developments have been in tandem with the political and socio-economic development of South African ... -
The constitutionality of the concept of demographic representivity provided for in terms of the Employment Equity Amendment Act 47 of 2013.
(2015)South Africa is a potentially unstable society because of societal imbalances. The majority of South African black people whether African, Indian or Coloured, suffered disproportionally low levels of wealth, status and ... -
A critical analysis of child labour protective laws in Southern Africa : a case study of Malawi, South Africa and Zimbabwe.
(2014)In many countries, mainly African, child labour is a major problem compromising future generations and undermining human capital. It is estimated that over 28.4 per cent of all children between the ages of five and 14 years ... -
A critical analysis of Section 197 of the Labour Relations Act 66 of 1995 as amended taking into consideration the elements of Section 197, the definition and case law.
(2016)Section 197 of the Labour Relations Act 66 of 1995 regulates the transfer of a business as a going concern. However, it caused much debate and litigation. Previously, section 197 allowed for the automatic transfers of ... -
A critical analysis of temporary employment services in contemporary South Africa.
(2020)The study focuses on the critical analysis of temporary employment services in contemporary South Africa and specifically looks at the Labour Relations Amendment Act 6 of 2014 which introduced a controversial provision of ... -
A critical analysis of violent strikes in South Africa.
(2020)Violence during strikes is a major problem in South Africa. As time progresses, details of violent strikes are becoming more prevalent and alarming. Violent strikes impact the economy and investment. In addition, violent ... -
A critical examination of the pandemic of sexual harassment in the South African workplace.
(2017)South African just like many international countries is a country sadly marked by severe violence especially violence against women. Women face violence both at home in the form of domestic violence as well as in the ... -
Critical labour law imperatives that impact on the issues of equity, restructuring, incorporation and mergers that are currently taking place in the higher education sector.
(2001)This dissertation focuses on the forces that are bringing about changes in the employment relationships in the higher education sector. Labour law regulates the employment relationships. This dissertation also seeks to ... -
Decent work in South Africa : an analysis of legal protection offered by the state in respect of domestic and farm workers.
(2013)There have been a number of labour disputes in the agricultural sector in the past year. Domestic workers’ wages and working conditions have also been under the spotlight. This study aims to determine whether or not the ... -
Derivative misconduct and the reciprocal duty of good faith: employee silence in identifying perpetrators of misconduct.
(2019)The reciprocal duty of good faith is recognised in our South African labour law which requires employees to not behave in a manner that is detrimental to an employer’s enterprise and should at all times remain faithful and ... -
Determining a fair sanction for misconduct.
(2014)This paper focuses on determining a fair sanction for misconduct. This will be considered within the context of our common law and legislative provisions. Emphasis will be placed on the requirements for determining a ...