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Masters Degrees (Labour Law)

Permanent URI for this collectionhttps://hdl.handle.net/10413/8401

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Browsing Masters Degrees (Labour Law) by Subject "Basic Conditions of Employment Act 75 of 1997 (BCEA)"

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    A critical analysis of temporary employment services in contemporary South Africa.
    (2020) Khumalo, Nokuzola Gloria.; Bernard, Rowena Bronwen.
    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 section 198A. The analysis discusses the history of the Labour Relations in South Africa as it progresses over the years from 1956 to the latest amendments of the Labour Relations Act in 2014. As part of the history of the TES the analysis touches on the Namibian LRA and case law, a country that dealt with a similar issue of TES abusive labour. Also touches on the ILO standards of employment which affects the world globally. The study analyses the South African case law that deals with the TES abuse of vulnerable labour, in particular, an outstanding recent case of Assign Services v NUMSA which ended up in the Constitutional Court of South Africa. In critical analysis of the deeming provision, joint and several liability clauses, a use of other related employment statutes is discussed. The dissertation focuses on the outcome of the recent Constitutional case and of Assign Service v NUMSA where the Constitutional Court finalised the word to mean a sole employer for the purpose of the LRA only in exclusion of other employment statutes. This is a fascinating debate, which requires legislature to deal with before it yields further disputes. The study also provides some recommendations to be considered to amend the LRA legislation in section 198A in order to provide a clear interpretation.
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    A father’s right to paternity leave in the South African workplace.
    (2020) Naidoo, Shantha Luxmi.; Bernard, Rowena Bronwen.
    This minor dissertation examines the legal position of the working father and paternity leave in South Africa. The Labour Law Amendment Act No. 10 of 2018 came into effect on 1 January 2020. Section 25A of the BCEA provides for ‘parental leave’ which will allow a male or female parent ten days leave upon the birth or adoption of a child. The dissertation will discuss whether the proposed changes were required in South Africa and will look at the law before the amendments were effected. Further the dissertation looks at whether the 10 days provided for working fathers is sufficient. This dissertation will provide a comparison of certain developed and developing countries in order to show whether South Africa has now caught up,
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    How do the 2015 LRA amendments impact on widespread practice in relation to TES employees?
    (2019) Khawula, Mandlakhe Florian.; Bernard, Rowena Bronwen.
    In 2014, the Labour Relations Act 66 of 1995 went through significant changes that were aimed at improving the protection of workers in non-standard employment relationships. It is an undisputed fact that prior to the amendments, section 198 provided little protection regarding this type of employment. One of South Africa’s leading labour federations, the Congress of South African Trade Unions (COSATU) was amongst the unions that were protesting against the Temporary Employment Service (TES) system, arguing that the system was exploiting workers and that TESs were the main drivers of the casualisation of labour. The TES system promotes low wages and poor conditions of employment. TES is equivalent to the trading of human beings as commodities therefore they must be banned. To address the dissatisfaction, learning from the Namibian experience in particular, the South African legislature opted for the regulation of the TES industry hence the Labour Relations Amendment Act 4 of 2014 where section 198 was amended to also include section 198A to D of the LRAA. This paper seeks to examine the impact of the amendments on the widespread practice in the workplace specifically in relation to the TES employees, bearing in mind the insistence by trade unions that the TES must be done away with. This dissertation demonstrates that the amendments of the LRA and common law to a certain extent provide a solution to several problems the employees of TES have had prior to the amendments. This development has a significant impact on the improvement of working conditions.