The extension of collective agreements to non- parties for dismissal for operational requirements
- Authors: Lupondwana, Masiza Howard
- Date: 2022-12
- Subjects: Labor laws and legislation--South Africa , Unfair labor practices
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/59724 , vital:62387
- Description: Section 23 (1) of the Constitution of the Republic of South Africa1 states that “Everyone has the right to fair labour practice. (2) Every worker has the right to – (a) to form and join a trade union; (b) to participate in the activities and programmes of a trade union; and (c) to strike’’. The Labour Relations Act 2 (the LRA) was enacted to give effect to section 23 of the Constitution, to regulate the organizational rights of trade union, to promote and facilitate collective bargaining at the workplace and at sectoral level. Its purpose is to advance the economic development, social justice, labour peace and democratization of the workplace by fulfilling the primary objectives of this Act. Firstly, this study seeks to critically examine the extension of collective agreements and effect of section 23(1) (d) in both small- and large-scale retrenchments (s189 & 189 A). A right to fair dismissal is a guaranteed employment right as outlined in section 185 of the LRA. Danielle Venn writes that “legislation is not the only source of employment, labour law clearly set a minimum standard while collective agreements or individual contracts can include provisions more generous to employees than those in legislation.3 This indicates that collective agreements are mechanisms aimed at creating conducive working conditions of employment between the employer and employee in the workplace. By ensuring that resolutions aimed at promoting general welfare of employees are implemented, regulating and enhancement of employee benefits, and other matters of mutual interest are expressed in the agreement. Individual employment law has express terms which clearly state that an employment contract may incorporate the employer’s disciplinary code of conduct. This mostly include procedure to be followed during termination of service or dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
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- Date Issued: 2022-12
An Investigation into learner drop-out and sustainable community development in Kwazakhele Township, Nelson Mandela Bay Municipality
- Authors: Lupondwana, Masiza Howard
- Date: 2017
- Subjects: High school dropouts -- South Africa -- Port Elizabeth Community education -- Development -- South Africa -- Port Elizabeth , Democracy and education -- South Africa -- Port Elizabeth Community development -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MPA
- Identifier: http://hdl.handle.net/10948/18310 , vital:28617
- Description: The objective of the study was to investigate learner drop-out and sustainable community development. The study was conducted in Kwazakhele Township in Nelson Mandela Bay. This study used qualitative research approach- interviews and structured questionnaires were used to collect data from the participants. The sample consisted of 40 respondents both Females and Males between the age 15 and 35 years. In Kwazakhele Township most of the youth are learner drop-outs who exited educational system before attaining National Certificate (Matric). This had an effect on the acquisition of skills for sustainable development. United Nations report on Sustainable Development requires members of the community to be able to handle matters concerning their own development. This means community members should possess skills that would enable them to cope with constant demands of development. In the same Kwazakhele Township the consequences of the learner drop-out phenomenon is that lot of girls get pregnant at an adolescence stage. In most cases the boys who impregnate these girls are not working, they themselves depend on their parents for living. Because of the poor socio-economic status and high rate of unemployment of households in the area, this result in a situation where both girl child and their babies depends on the old age social grant for basic needs such as food etc. These dropouts are political risks in a sense that they are sometimes being used in community protesting marches which are unnecessarily hindering community development projects aimed at enhancing and promoting general welfare including better life for all. So the study will investigate and examine effect of learner drop-out in the community and recommends on what to be done in order to address shortfalls and challenges faced by the Kwazakhele community members. This will enable local authorities to be proactive in establishing programs that brings directive and solutions to the existing problems.
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- Date Issued: 2017