Substantive fairness in dismissals for operational requirements cases
- Authors: Camagu, Asanda Pumeza
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Labor discipline -- Law and legislation -- South Africa , Unfair labor practices -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10214 , http://hdl.handle.net/10948/d1008114 , Employees -- Dismissal of -- Law and legislation -- South Africa , Labor discipline -- Law and legislation -- South Africa , Unfair labor practices -- South Africa
- Description: Part II of the International Labour Organisation Convention 158 recognises operational requirements of an organisation as a ground for dismissal. Section 213 of the Labour Relations Act describes operational requirements reasons as requirements based on the economic, technological, structural or related needs of an employer. The employer‟s needs in case of operational requirement dismissal must be separated from the other reasons for dismissal, such as misconduct and incapacity. Operational requirements dismissals are governed by section 189 of the LRA. The LRA draws a distinction between small and large scale dismissals and regulates them separately. Section 189 control small scale dismissals, while section 189A pertains to large scale dismissals For substantive fairness of a dismissal for operational requirements, the employer must prove that the said reason is one based on operational requirements of the business. The employer must be able to prove that the reason for the dismissal falls within the statutory definition of operational requirements. Employers are not allowed to use retrenchment to dismiss employees who they believe to have performed unsatisfactorily. This means that employers are not entitled to retrench for ulterior reasons, than those of operational requirements.The Labour Court has held that an employer may not under any situation retrench an employee on a fixed-term contract if the termination takes place before the contract of the employee ends, unless the contract of employment makes provision for termination at an earlier date. Retrenchment in this situation will amount to a breach of contract. Another point of interest in dismissals for operational requirements is that the Labour Relations Act states that it is not unlawful to dismiss a striking employee for reasons based on the employer‟s operational requirements. In relation to the selection criteria to be used during these dismissals, the Labour Relations Act again states that if an agreement cannot be reached between the consulting parties, then the employer must use criteria that are fair and objective.
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Sustainable construction (development) in the city of Cape Town
- Authors: Mgudlwa, Nosiyabonga Portia
- Subjects: Construction industry -- South Africa -- Cape Town , Biodiversity -- South Africa -- Cape Town , Sustainable development -- South Africa -- Cape Town
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:9700 , http://hdl.handle.net/10948/d1015042
- Description: Considering the challenges faced by the City of Cape Town such as loss of biodiversity, limited supply of energy and unsustainable land use, it is argued that it is imperative for the construction industry to promote sustainable development. The objective of the research was to understand the contributions of the construction industry to over exploitation of resources such as biodiversity, energy and land. Secondly, the study considers initiatives to be undertaken by the construction industry to enhance the environment so as to promote sustainable development. The research mixed methods was used as the form of collecting required data. The collection of data comprised of the design and administration of open-ended and closed-ended questionnaires among a non-random selected population of building contractor, public works officials and practising Architectural firms within the City of Cape Town. The data obtained from open-ended questionnaire on building contractors and public works officials was analysed qualitatively and data from the closed-ended questionnaires through practising Architectural firms was analysed quantitatively. Research results showed that biodiversity in the City of Cape Town is under threat. Passive design has a significant role in protecting the biodiversity and should be encouraged by the construction industry and the City of Cape Town. The City of Cape Town should strongly enforce polices that support the conservation of biodiversity. This will have a positive impact through encouraging the construction industry to adhere to these polices. The City of Cape Town is faced with energy shortage. The construction industry needs to reduce its energy usage as a dominant energy user. This will be achieved through energy efficient designs and retrofitting the existing buildings. The City of Cape Town has a responsibility to promote sustainable land use. Land prices are highly priced in the City of Cape Town as a result the poor cannot enter the market without external assistance. The construction industry has a role to encourage sustainable land use in the city.
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The experiences and coping resources of retirees in a vehicle manufacturing company
- Authors: Cain, Bridgette
- Subjects: Automobile industry workers -- Pensions -- South Africa -- Port Elizabeth , Automobile industry workers -- Retirement -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:16131 , http://hdl.handle.net/10948/484 , Automobile industry workers -- Pensions -- South Africa -- Port Elizabeth , Automobile industry workers -- Retirement -- South Africa -- Port Elizabeth
- Description: Retirement has different meanings for different people. Retirement represents a significant transitional period in the life cycle of an individual. The aim of the study was to explore and describe the experiences and coping resources of retirees. The researcher applied an exploratory, descriptive research design employing the mixed methods of quantitative and qualitative research to gain an in-depth understanding of the phenomenon. A non-probability purposive sampling method was used to identify participants who retired from a specific vehicle manufacturing company in Port Elizabeth. Semi-structured interviewing techniques and a questionnaire called the Coping Resources Inventory were used for data collection. The rationale for using a mixed method approach was to increase the validity of the research findings. Descriptive statistics and the framework provided by Tesch (in Creswell, 2003) were used in data analysis of quantitative and qualitative data respectively. The results of the Coping Resources Inventory indicated that the participants perceived themselves as having an average level of coping resources. The results from the semi-structured interviews reflected that participants’ retirement experiences are mainly influenced by the following three factors: (a) economic resources, (b) social relationships and (c) personal resources. Recommendations were made for future research and intervention regarding retirement planning. The researcher included suggestions for the implementation of a retirement preparation programme. Lastly the limitations and the value of the study were outlined.
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The human resource department as a strategic business partner in organisations
- Authors: Sakonda, Archford
- Subjects: Human capital -- Management , Strategic planning , Employment agencies
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9431 , http://hdl.handle.net/10948/d1020178
- Description: The human resource department in many organisations is at a crossroad of relevance, constantly being faced with the challenge to prove that it can add value towards the objectives of the business. The Human Resource (HR) department is also faced with a reality that, if the department does not add value to the organisation, it will be farmed out to independent contractors, who can deliver the HR functions at a more efficient and cost effective way. However, organisations have a great opportunity to achieve excellence and competitive advantage through the utilisation of the organisation‟s human resources. Many scholars and authors argued that organisations can achieve the most out of its human resources if the HR department is a Strategic Business Partner (SBP) in these organisations. A thorough literature review has led to the discovery that, despite the appraisal of the Strategic Business Partners (SBP) approach to the management of human resources, little progress has been made with the reinvention of the HR departments from support function towards being a SBP (Lawler & Morhman, 2003; Keith, 2007). The slow progress in the transformation of the HR department was attributed to a wide range of factors including the lack of competencies to take up Strategic Business Partnership roles, lack of management support, and incongruent organisational cultures (Keith, 2007; Sanders & Frenkel, 2009; Ulrich & Brockbank, 2005). Semi-structured interviews were conducted with HR professionals, Managing Directors and other Directors, who sit on a strategic table, to identify the challenges and opportunities the HR department faced as a SBP in organisations. A self-administered questionnaire, based on an existing questionnaire (Ulrich & Cornell (1997) HR role assessment survey) was used to gather the perception of employees regarding the roles the HR departments play in organisations. In this study organisational culture was identified as having a huge impact towards the implementation of HR departments as SBPs. The study also identified the competencies needed for the effective execution of SBP roles, the challenges HR departments may face in the process as well as the important roles the HR department should be devoting most of its time and resources to.
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The perceptions of educators, in the Queenstown education district, of the labour dispute resolution system
- Authors: Rataza, Themba Theophilus
- Subjects: Labor disputes -- South Africa -- Queenstown , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9434 , http://hdl.handle.net/10948/d1020542
- Description: The objective of this study is to conduct a survey concerning the perceptions of educators in the Queenstown education district of the labour dispute resolution system. The education department is one of the biggest departments in the Eastern Cape’s Provincial Administration system. The likelihood of disputes is high when there are many employees. The focus of the study therefore is on how educators perceive the role of the department in terms of ensuring that labour disputes with the department are resolved efficiently and speedily. The advent of a democratic dispensation resulted in the ushering in of progressive labour legislation such as Labour Relations Act 55 of 1995. The objective of this Act is to facilitate economic development, social justice, labour peace and democratization of the workplace. In other words this Act gave birth to the manner in which labour disputes should be resolved. The study was carried out not only to explore the perceptions of educators but also with a view to making recommendations on the findings in order to help contribute towards labour peace and productivity in the workplace. The attitudes of one hundred and forty-one educators were surveyed via questionnaires and six educators who have had labour disputes with the department were interviewed. The key findings of the study revealed that both the educators who were surveyed and those interviewed lack confidence in the effectiveness of the labour dispute procedures in the district; they perceive the system as being inaccessible to them; time taken to resolve disputes is too lengthy; the system lacks necessary independence from the department of education or government and the department is seen as not adhering to its own policies and legislation. Hence there are many disputes and there is a great need for more awareness and for improved training in handling labour dispute resolution systems for district officials and educators. The study recommends more awareness and training sessions for both district officials responsible for labour relations and educators at large. It also calls for an increasingly proactive role by teacher unions in partnership with the department of education to avoid labour disputes. Although the findings cannot be generalized toother districts of the province, they do however highlight critical areas in labour dispute resolution where attention can be paid and focus made in order to ensure labour peace in the workplace for improved productivity and effective teaching and learning.
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The sustainability of Reconstruction and Development Programme Houses : 2004 to 2006 : a case study of Litchis Bay, East London
- Authors: Balani, Thobeka Virginia
- Subjects: Human services -- South Africa -- East London , Human settlements -- South Africa -- East London , Sustainable development -- South Africa -- East London
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:8855 , http://hdl.handle.net/10948/d1020141
- Description: The South African government has endeavored to provide settlement to citizens and policies have been formulated since 1994 to guide these efforts. The South African Constitution (1996, section 26) stated that everyone has the right to have access to adequate housing. Furthermore the African National Congress’s Freedom Charter (1955) made it clear that: “there shall be houses, security and comfort for all, everybody shall have the right to live where they choose, to be decently housed, and to bring up their families in comfort and security. Slums shall be demolished and new suburbs built, where all shall have transport, roads, lights, playing fields, crèches and social centers”. However, after 19 years of democracy the state of housing is still a critical issue that addresses whether development has served to further the cause of sustainable development with respect to the pillars of human settlement such as shelter, infrastructure and economic opportunities. The study was conducted in the Litchis Bay settlement in East London, Eastern Cape Province. Mixed approaches of quantitative and qualitative methods were used to solicit data. Random Sampling techniques were conducted to select the sample population. Data was captured on Excel sheets to generate graphs. Findings of the study and conclusions were drawn. Therefore when measuring the term ‘sustainable human settlement’ against the findings on RDP houses in Litchis Bay, one can conclude that sustainable human settlement is not fully absorbed in defining the sustainability of RDP houses in Litchis Bay. Moreover the majority of houses have defects, and social amenities are not easily accessible.
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Tool wear monitoring in end milling of mould steel using acoustic emission
- Authors: Olufayo, Oluwole Ayodeji
- Subjects: Acoustic emission testing , Tool-steel
- Language: English
- Type: Thesis , Masters , MEngineering
- Identifier: vital:9651 , http://hdl.handle.net/10948/d1014688
- Description: Today’s production industry is faced with the challenge of maximising its resources and productivity. Tool condition monitoring (TCM) is an important diagnostic tool and if integrated in manufacturing, machining efficiency will increase as a result of reducing downtime resulting from tool failures by intensive wear. The research work presented in the study highlights the principles in tool condition monitoring and identifies acoustic emission (AE) as a reliable sensing technique for the detection of wear conditions. It reviews the importance of acoustic emission as an efficient technique and proposes a TCM model for the prediction of tool wear. The study presents a TCM framework to monitor an end-milling operation of H13 tool steel at different cutting speeds and feed rates. For this, three industrial acoustic sensors were positioned on the workpiece. The framework identifies a feature selection, extraction and conditioning process and classifies AE signals using an artificial neural network algorithm to create an autonomous system. It concludes by recognizing the mean and rms features as viable features in the identification of tool state and observes that chip coloration provides direct correlation to the temperature of machining as well as tool condition. This proposed model is aimed at creating a timing schedule for tool change in industries. This model ultimately links the rate of wear formation to characteristic AE features.
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Tribological characteristics of polymers under high force small oscillating angular contact
- Authors: Bradfield, Jarad Wade
- Subjects: Tribology , Polymers.
- Language: English
- Type: Thesis , Masters , MTech (Mechanical Engineering)
- Identifier: vital:9637 , http://hdl.handle.net/10948/d1020598
- Description: This study was intended to establish which polymer material is best suited as the material for bushes used in high force small oscillating angular contact applications as typically found in a large sugar mill coupling. A Tribometer as well as a designed and manufactured Bearing Testing Machine, which simulates and accelerates the wear caused in the intended application, was used to determine the wear rates and coefficients of friction for seven polymer materials. Materials were selected for their superior mechanical and thermal properties. The Tribometer was fitted with a linear reciprocating rig, so as to simulate the small oscillating movement prevalent in the intended application. Each Tribometer test ran for a duration of two hours with a frequency of 33.1 Herts and a normal loading of 40N. Bearing Testing Machine tests were done under similar constraints but with 30kN loading present on the surface of a bushes inner race. These tests had a longer duration of 24 or 48 hours or until intense wearing occurred. Initially both testing methods will be analysed independently of each other in order to try and identify a relationship between the wear rate and coefficient of friction for the different polymers. The different testing methods’ results will be compared to each other in order to establish if a correlation between the materials tested could be found.
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