A double-edged sword : the minimum wage and agrarian labour in the Eastern Cape, South Africa, 2003–2014
- Authors: Naidoo, Lalitha
- Date: 2021-04
- Subjects: Minimum wage -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape , Labor laws and legislation -- South Africa , Agricultural wages -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape -- Social conditions , Agricultural laborers -- Legal status, laws, etc. -- South Africa -- Eastern Cape , Agricultural laws and legislation -- South Africa -- Eastern Cape , Work environment -- South Africa -- Eastern Cape , Economics -- Sociological aspects , South Africa -- Politics and government -- 1994-
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/177111 , vital:42791 , 10.21504/10962/177115
- Description: Statutory wage setting and the extension of labour laws to the South African agrarian labour market are path-breaking events that altered the unilateral power which agrarian employers had, under apartheid, to set low wages and harsh employment conditions. Yet, economic sociologists have shown little interest in the agrarian minimum wage in South Africa. Consequently, little to no sociological perspectives are available on the way in which statutory wages shape the setting of actual agrarian wages, employment conditions, labour relations and working and living conditions. At the same time, economic sociology’s neglect of agrarian minimum wages perpetuates the dominance of economics in minimum wage research, as well as the narrow cost-benefit analysis, and firm and employer-centric focus, deployed by both opponents of minimum wages in the neoclassical economics camp and supporters in the heterodox economics camp. The firm-centric focus also applies to the few labour relations scholars who focus on minimum wages. As a result, a wide body of empirical information is available and concentrated in the Global North, on low-waged, urban-based firms’ employment and labour relations strategies with the occasioning of minimum wage laws, with scant to non-existing information on rural-based workers’ experiences in the Global South, at least in the case of South Africa. This thesis addresses the lacuna in existing research, specifically by concentrating on agrarian workers’ narratives of the outcomes of minimum wages on actual wages and conditions, and experiences at the site of production and in the sphere of expanded social reproduction. The conceptual framework of the thesis is rooted in a critical realist meta-theory which directs inquiry towards the search for underlying causes of events with a sensitivity to the interaction of structure and agency, so as to develop explanations of events, which in turn encourage emancipatory thought and praxis. Within this framework, a political economy perspective of the agrarian minimum wage is charted, founded on an inter-disciplinary approach that incorporates economic sociology perspectives, which view markets as socio-political constructs, alongside a Marxist analysis of wages and the distinction between the value of labour and the value of labour power. Also relevant are segmentation labour market models where the focus is on segmentation in labour supply, demand and regulation, and institutional economics that highlights labour’s weak bargaining power in low-waged labour markets. Based on this analytical perspective, the South African agrarian minimum wage is seen as a necessary intervention stemming from post-apartheid uneven neoliberal restructuring processes, to address extremely low agrarian wages that pose threats to the ongoing generation of agrarian labour power. Low agrarian wages are located in unequal power relations in the workplace and are embedded in the totality of the low-waged agrarian labour market, composed of particular features in the supply-side of the labour market (the sphere of social reproduction of labour), the demand-side of the labour market (the site of production), and the forces of regulation (the labour relations regime). The thesis explores new ways of conceptualising minimum wages in the South African context, placing emphasis on the local agrarian labour market, and it highlights the agency of agrarian labour by revealing their struggles, working life and living conditions. In so doing, the research expands inquiry beyond economic “impact” at the level of the firm/employer to examine: (a) workers’ employment trends before and after the minimum wage was introduced, (b) the extent of changes in working and living conditions and labour relations, (c) the scope for workers in animating changes and their struggles and challenges, and (d) shifts in actual wages in relation to prescribed wage rates. Focussing on the aforementioned aspects represents an attempt in this thesis to build on themes, raised in heterodox economics studies, of minimum wages and their relationship to the social devaluation of low-waged work, inequalities in bargaining power, and justice. Based on a stratified sample of workers that included, among other variables, sex, geographical area and agricultural sub-sectors, original data was collected through 52 in-depth interviews, two focus group interviews (comprised of 10 workers), and 501 surveyed workers. The research did not find widespread job losses when minimum wages were introduced, as per neoclassical economics’ predictions. Nor did it find transitions from low- to high-road approaches in employment strategies and labour relations, as claimed by certain heterodox economists. Instead, the findings at the sites of production corroborate the uneven, mixed and contradictory findings of applied heterodox minimum wage studies on employment strategies, labour relations and wage settings. In this light, it is concluded that the agrarian minimum wage had layered outcomes for workers based on key findings, which include: (a) the minimum wage became the maximum wage as actual wages increased and clustered at the prescribed wage rate; (b) a level of gender wage parity close to the level of the prevailing prescribed minimum wage was found, but an overall gendered pattern to low-waged employment surfaced and manifested differently at sub-sector and enterprise levels; (c) though no changes were found in the way work was organised and how workers executed their tasks alongside no fundamental changes in the social relations of production, statutory minimum wages and limitations on working hours did reduce the hours of work and the existence of unpaid overtime work in certain sub-sectors such as livestock and dairy workplaces, through worker and employer initiatives (yet, at the same time, work intensification in compressed working hours appeared in the sample in other worksites, for example citrus workplaces); (d) authoritarian labour relations existed in varying depths and forms, based on sub-sector and enterprise characteristics, which shaped the propensity and scope for worker action; and (e) the layered outcomes of the agrarian minimum wage were felt at the site of social reproduction, where it brought a measure of relief for sampled workers; however, it was chronically inadequate to allow workers to meet their subsistence needs comprehensively. The research findings also highlight sub-sectoral complexities in changing employment and labour relations strategies from low- to high-road approaches in the agrarian sector. The layered outcomes of minimum wages for agrarian workers stems from the combined and uneven amalgamation of pre-existing and new conditions and relations consequent to neoliberalising processes in the agrarian political economy as well as the low minimum wage-setting. The thesis thus argues that the mixed outcomes reflect the layered character of the minimum wage as a conversion factor, which in turn equates to a layered notion of justice. This is because, on the one hand, the minimum wage ameliorates the plight of agrarian labour but, on the other hand, and given the bulwark of authoritarianism, pre-existing conditions and neoliberalising processes, the collective vulnerabilities in the agrarian labour market have expanded and may be intensifying. The agrarian minimum wage acts as a double-edged sword in contexts of mixed and layered outcomes for agrarian labour. A layered perspective of the conversion factor of a minimum wage exposes the possibilities and limitations of statutory wages as a conversion factor, based on context, and identifies the limits and possibilities for worker mobilisation and action. In the case of this research, the agrarian minimum wage deals in limited fashion with the value of labour power because of the initial and subsequent low settings; the minimum wage does not deal with class exploitation and the value of labour, although it sets the frame for instigating basic labour standards. The implications of a layered conversion potential of low minimum wage-settings are profound for conceptualising, theorising and researching the link between statutory wages and justice, with respect to the value of labour power and the value of labour. Future research on the minimum wage based on a Marxist reading of wages and located in real labour markets, strengthens heterodox approaches by deepening theories on the relationship between statutory wages, justice and production. , Thesis (PhD) -- Faculty of Humanities, Department of Sociology, 2021
- Full Text:
- Date Issued: 2021-04
- Authors: Naidoo, Lalitha
- Date: 2021-04
- Subjects: Minimum wage -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape , Labor laws and legislation -- South Africa , Agricultural wages -- South Africa -- Eastern Cape , Agricultural laborers -- South Africa -- Eastern Cape -- Social conditions , Agricultural laborers -- Legal status, laws, etc. -- South Africa -- Eastern Cape , Agricultural laws and legislation -- South Africa -- Eastern Cape , Work environment -- South Africa -- Eastern Cape , Economics -- Sociological aspects , South Africa -- Politics and government -- 1994-
- Language: English
- Type: thesis , text , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/177111 , vital:42791 , 10.21504/10962/177115
- Description: Statutory wage setting and the extension of labour laws to the South African agrarian labour market are path-breaking events that altered the unilateral power which agrarian employers had, under apartheid, to set low wages and harsh employment conditions. Yet, economic sociologists have shown little interest in the agrarian minimum wage in South Africa. Consequently, little to no sociological perspectives are available on the way in which statutory wages shape the setting of actual agrarian wages, employment conditions, labour relations and working and living conditions. At the same time, economic sociology’s neglect of agrarian minimum wages perpetuates the dominance of economics in minimum wage research, as well as the narrow cost-benefit analysis, and firm and employer-centric focus, deployed by both opponents of minimum wages in the neoclassical economics camp and supporters in the heterodox economics camp. The firm-centric focus also applies to the few labour relations scholars who focus on minimum wages. As a result, a wide body of empirical information is available and concentrated in the Global North, on low-waged, urban-based firms’ employment and labour relations strategies with the occasioning of minimum wage laws, with scant to non-existing information on rural-based workers’ experiences in the Global South, at least in the case of South Africa. This thesis addresses the lacuna in existing research, specifically by concentrating on agrarian workers’ narratives of the outcomes of minimum wages on actual wages and conditions, and experiences at the site of production and in the sphere of expanded social reproduction. The conceptual framework of the thesis is rooted in a critical realist meta-theory which directs inquiry towards the search for underlying causes of events with a sensitivity to the interaction of structure and agency, so as to develop explanations of events, which in turn encourage emancipatory thought and praxis. Within this framework, a political economy perspective of the agrarian minimum wage is charted, founded on an inter-disciplinary approach that incorporates economic sociology perspectives, which view markets as socio-political constructs, alongside a Marxist analysis of wages and the distinction between the value of labour and the value of labour power. Also relevant are segmentation labour market models where the focus is on segmentation in labour supply, demand and regulation, and institutional economics that highlights labour’s weak bargaining power in low-waged labour markets. Based on this analytical perspective, the South African agrarian minimum wage is seen as a necessary intervention stemming from post-apartheid uneven neoliberal restructuring processes, to address extremely low agrarian wages that pose threats to the ongoing generation of agrarian labour power. Low agrarian wages are located in unequal power relations in the workplace and are embedded in the totality of the low-waged agrarian labour market, composed of particular features in the supply-side of the labour market (the sphere of social reproduction of labour), the demand-side of the labour market (the site of production), and the forces of regulation (the labour relations regime). The thesis explores new ways of conceptualising minimum wages in the South African context, placing emphasis on the local agrarian labour market, and it highlights the agency of agrarian labour by revealing their struggles, working life and living conditions. In so doing, the research expands inquiry beyond economic “impact” at the level of the firm/employer to examine: (a) workers’ employment trends before and after the minimum wage was introduced, (b) the extent of changes in working and living conditions and labour relations, (c) the scope for workers in animating changes and their struggles and challenges, and (d) shifts in actual wages in relation to prescribed wage rates. Focussing on the aforementioned aspects represents an attempt in this thesis to build on themes, raised in heterodox economics studies, of minimum wages and their relationship to the social devaluation of low-waged work, inequalities in bargaining power, and justice. Based on a stratified sample of workers that included, among other variables, sex, geographical area and agricultural sub-sectors, original data was collected through 52 in-depth interviews, two focus group interviews (comprised of 10 workers), and 501 surveyed workers. The research did not find widespread job losses when minimum wages were introduced, as per neoclassical economics’ predictions. Nor did it find transitions from low- to high-road approaches in employment strategies and labour relations, as claimed by certain heterodox economists. Instead, the findings at the sites of production corroborate the uneven, mixed and contradictory findings of applied heterodox minimum wage studies on employment strategies, labour relations and wage settings. In this light, it is concluded that the agrarian minimum wage had layered outcomes for workers based on key findings, which include: (a) the minimum wage became the maximum wage as actual wages increased and clustered at the prescribed wage rate; (b) a level of gender wage parity close to the level of the prevailing prescribed minimum wage was found, but an overall gendered pattern to low-waged employment surfaced and manifested differently at sub-sector and enterprise levels; (c) though no changes were found in the way work was organised and how workers executed their tasks alongside no fundamental changes in the social relations of production, statutory minimum wages and limitations on working hours did reduce the hours of work and the existence of unpaid overtime work in certain sub-sectors such as livestock and dairy workplaces, through worker and employer initiatives (yet, at the same time, work intensification in compressed working hours appeared in the sample in other worksites, for example citrus workplaces); (d) authoritarian labour relations existed in varying depths and forms, based on sub-sector and enterprise characteristics, which shaped the propensity and scope for worker action; and (e) the layered outcomes of the agrarian minimum wage were felt at the site of social reproduction, where it brought a measure of relief for sampled workers; however, it was chronically inadequate to allow workers to meet their subsistence needs comprehensively. The research findings also highlight sub-sectoral complexities in changing employment and labour relations strategies from low- to high-road approaches in the agrarian sector. The layered outcomes of minimum wages for agrarian workers stems from the combined and uneven amalgamation of pre-existing and new conditions and relations consequent to neoliberalising processes in the agrarian political economy as well as the low minimum wage-setting. The thesis thus argues that the mixed outcomes reflect the layered character of the minimum wage as a conversion factor, which in turn equates to a layered notion of justice. This is because, on the one hand, the minimum wage ameliorates the plight of agrarian labour but, on the other hand, and given the bulwark of authoritarianism, pre-existing conditions and neoliberalising processes, the collective vulnerabilities in the agrarian labour market have expanded and may be intensifying. The agrarian minimum wage acts as a double-edged sword in contexts of mixed and layered outcomes for agrarian labour. A layered perspective of the conversion factor of a minimum wage exposes the possibilities and limitations of statutory wages as a conversion factor, based on context, and identifies the limits and possibilities for worker mobilisation and action. In the case of this research, the agrarian minimum wage deals in limited fashion with the value of labour power because of the initial and subsequent low settings; the minimum wage does not deal with class exploitation and the value of labour, although it sets the frame for instigating basic labour standards. The implications of a layered conversion potential of low minimum wage-settings are profound for conceptualising, theorising and researching the link between statutory wages and justice, with respect to the value of labour power and the value of labour. Future research on the minimum wage based on a Marxist reading of wages and located in real labour markets, strengthens heterodox approaches by deepening theories on the relationship between statutory wages, justice and production. , Thesis (PhD) -- Faculty of Humanities, Department of Sociology, 2021
- Full Text:
- Date Issued: 2021-04
The requirement of "bumping" in operational-requirement dismissals
- Authors: Strydom, Wynand Wilhelmus
- Date: 2015
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/5896 , vital:21009
- Description: This treatise interrogates the concept of bumping and commences with the background and rationale to the study. It poses a problem statement and sets out the aims and objectives it intends to achieve by virtue of specific research questions identified in the first chapter. The second chapter deals with the history and origin of the concept of bumping whereafter it elaborates on the evolution of bumping in the South African labour-law context and it furthermore introduces the retrenchment guidelines as drafted by Halton Cheadle in 1985. A review and reappraisal of the retrenchment guidelines by Andre van Niekerk are also raised in the second chapter. This is followed by a discussion on the aspects relating to fair selection criteria as pronounced by South African labour-law jurisprudence and deals specifically with the concept of LIFO and the employment universe. The third chapter also raises the various forms of bumping, as well as applicable limitations thereto. Following an in-depth look at the South African courts’ interpretation of bumping-related scenarios, a comparison with international standards is launched whereby relevant ILO recommendations are used as reference. An interpretation of United Kingdom case law is discussed, whereafter it is compared with the South African approach. The fifth chapter deals with the legislative requirements for fair dismissals and fair retrenchment dismissals in particular. The nexus between substantive and procedural fairness requirements is highlighted and the remainder of the fifth chapter deals with procedural fairness requirements which would be applicable in bumping-related retrenchment scenarios. The final chapter briefly alludes to whether bumping should be categorised as a genuine alternative to retrenchment, or merely as an extension of LIFO as a selection criterion. The treatise concludes with procedural recommendations in dealing with bumped employees in the form of retrenchment guidelines for consultations with employees affected by bumping.
- Full Text:
- Date Issued: 2015
- Authors: Strydom, Wynand Wilhelmus
- Date: 2015
- Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/5896 , vital:21009
- Description: This treatise interrogates the concept of bumping and commences with the background and rationale to the study. It poses a problem statement and sets out the aims and objectives it intends to achieve by virtue of specific research questions identified in the first chapter. The second chapter deals with the history and origin of the concept of bumping whereafter it elaborates on the evolution of bumping in the South African labour-law context and it furthermore introduces the retrenchment guidelines as drafted by Halton Cheadle in 1985. A review and reappraisal of the retrenchment guidelines by Andre van Niekerk are also raised in the second chapter. This is followed by a discussion on the aspects relating to fair selection criteria as pronounced by South African labour-law jurisprudence and deals specifically with the concept of LIFO and the employment universe. The third chapter also raises the various forms of bumping, as well as applicable limitations thereto. Following an in-depth look at the South African courts’ interpretation of bumping-related scenarios, a comparison with international standards is launched whereby relevant ILO recommendations are used as reference. An interpretation of United Kingdom case law is discussed, whereafter it is compared with the South African approach. The fifth chapter deals with the legislative requirements for fair dismissals and fair retrenchment dismissals in particular. The nexus between substantive and procedural fairness requirements is highlighted and the remainder of the fifth chapter deals with procedural fairness requirements which would be applicable in bumping-related retrenchment scenarios. The final chapter briefly alludes to whether bumping should be categorised as a genuine alternative to retrenchment, or merely as an extension of LIFO as a selection criterion. The treatise concludes with procedural recommendations in dealing with bumped employees in the form of retrenchment guidelines for consultations with employees affected by bumping.
- Full Text:
- Date Issued: 2015
‘Regulated Flexibility’ and labour market regulation: a case Study of Twizza Soft Drinks in the Eastern Cape, South Africa
- Authors: Flatau, Scott
- Date: 2020
- Subjects: Labor market -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa -- Case studies
- Language: English
- Type: text , Thesis , Masters , MSocSc
- Identifier: http://hdl.handle.net/10962/141288 , vital:37959
- Description: Following the negotiated settlement, which led to the ANC assuming power in South Africa in1994, debates concerning the nature of the South African labour market ensued between policy makers and economists alike. Central to understanding the South African labour market was the policy objective of regulated flexibility that has guided the formation of labour legislation in the post-1994 period, including the Labour Relations Act of 1995, the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Skills Development Act of 1998. Regulated flexibility attempts to accommodate the interests of the employer for flexibility and the interests of the employee in regulation or security. These four Acts and the relevant provisions contained within them are the central focus of this research paper, in particular how they affect the case study firm Twizza Soft Drinks. An interpretivist approach was utilised as the preferred research methodology with in-depth, semi-structured interviews being the primary source of data collection. This research paper attempts to situate more clearly the impact of South Africa’s macro-economic policies since 1994 on labour market policy and undertakes an exploration of internal dynamics of firms in response to exogenous factors, such as government regulation. The key finding suggest that some Acts (BCEA, LRA) do not impose a significant burden on the firm and some provisions can lead to beneficial outcomes such as business modernisation and the adoption of formal Human Resource Practices. Conversely, some provisions contained in the EEA increase the administrative burden and therefore increase the indirect cost on the firm.
- Full Text:
- Date Issued: 2020
- Authors: Flatau, Scott
- Date: 2020
- Subjects: Labor market -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa -- Case studies
- Language: English
- Type: text , Thesis , Masters , MSocSc
- Identifier: http://hdl.handle.net/10962/141288 , vital:37959
- Description: Following the negotiated settlement, which led to the ANC assuming power in South Africa in1994, debates concerning the nature of the South African labour market ensued between policy makers and economists alike. Central to understanding the South African labour market was the policy objective of regulated flexibility that has guided the formation of labour legislation in the post-1994 period, including the Labour Relations Act of 1995, the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Skills Development Act of 1998. Regulated flexibility attempts to accommodate the interests of the employer for flexibility and the interests of the employee in regulation or security. These four Acts and the relevant provisions contained within them are the central focus of this research paper, in particular how they affect the case study firm Twizza Soft Drinks. An interpretivist approach was utilised as the preferred research methodology with in-depth, semi-structured interviews being the primary source of data collection. This research paper attempts to situate more clearly the impact of South Africa’s macro-economic policies since 1994 on labour market policy and undertakes an exploration of internal dynamics of firms in response to exogenous factors, such as government regulation. The key finding suggest that some Acts (BCEA, LRA) do not impose a significant burden on the firm and some provisions can lead to beneficial outcomes such as business modernisation and the adoption of formal Human Resource Practices. Conversely, some provisions contained in the EEA increase the administrative burden and therefore increase the indirect cost on the firm.
- Full Text:
- Date Issued: 2020
The contribution of the Labour Court to the development of strike law
- Nengovhela, Livhuwani Adolphus
- Authors: Nengovhela, Livhuwani Adolphus
- Date: 2005
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10191 , http://hdl.handle.net/10948/430 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Description: The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.
- Full Text:
- Date Issued: 2005
- Authors: Nengovhela, Livhuwani Adolphus
- Date: 2005
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10191 , http://hdl.handle.net/10948/430 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Labor courts -- South Africa
- Description: The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.
- Full Text:
- Date Issued: 2005
Policies, procedures and practices contributing to tensions between labour and management
- Authors: Basson, Jerome Godfrey
- Date: 2010
- Subjects: Labor laws and legislation -- South Africa , Human capital -- South Africa , South Africa -- Politics and government , South Africa -- Constitution
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9427 , http://hdl.handle.net/10948/1267 , Labor laws and legislation -- South Africa , Human capital -- South Africa , South Africa -- Politics and government , South Africa -- Constitution
- Description: The Constitution of the Republic of South Africa guarantees the right of education to all citizens of the country. The Eastern Cape Department of Education went a step further by adopting a vision to ensure quality public education that will result in the positive transformation of all schools. Education is therefore a very important part of the life of any society and needs to be protected at all costs. It is therefore important that all obstacles in the way of providing quality public education be removed. It is no secret that the Eastern Cape Department of Education has had a number of battles with some of its social partners. These battles have negatively impacted on the education system. This Department also received the largest slice of the taxpayers’ money. It is time to take serious steps to halt the waste of time and resources. It is against this background that this study wanted to consider policies, procedures and practices that generated tension between the management and labour in the Eastern Cape Department of Education. It is my belief that if tension between the different social partners can be reduced, we would have gone a long way in achieving the vision of the Department of Education. The research methodology that was followed for this study comprised the following: • Literature was reviewed that dealt with labour relations and human resources. • A questionnaire was designed to collect information from the different participants. • The information in the questionnaire was incorporated into the main study where findings were identified and recommendations were formulated.
- Full Text:
- Date Issued: 2010
- Authors: Basson, Jerome Godfrey
- Date: 2010
- Subjects: Labor laws and legislation -- South Africa , Human capital -- South Africa , South Africa -- Politics and government , South Africa -- Constitution
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9427 , http://hdl.handle.net/10948/1267 , Labor laws and legislation -- South Africa , Human capital -- South Africa , South Africa -- Politics and government , South Africa -- Constitution
- Description: The Constitution of the Republic of South Africa guarantees the right of education to all citizens of the country. The Eastern Cape Department of Education went a step further by adopting a vision to ensure quality public education that will result in the positive transformation of all schools. Education is therefore a very important part of the life of any society and needs to be protected at all costs. It is therefore important that all obstacles in the way of providing quality public education be removed. It is no secret that the Eastern Cape Department of Education has had a number of battles with some of its social partners. These battles have negatively impacted on the education system. This Department also received the largest slice of the taxpayers’ money. It is time to take serious steps to halt the waste of time and resources. It is against this background that this study wanted to consider policies, procedures and practices that generated tension between the management and labour in the Eastern Cape Department of Education. It is my belief that if tension between the different social partners can be reduced, we would have gone a long way in achieving the vision of the Department of Education. The research methodology that was followed for this study comprised the following: • Literature was reviewed that dealt with labour relations and human resources. • A questionnaire was designed to collect information from the different participants. • The information in the questionnaire was incorporated into the main study where findings were identified and recommendations were formulated.
- Full Text:
- Date Issued: 2010
The consultation and other requirements of dismissal for operational reasons
- Authors: Dyakala, Maynard
- Date: 2004
- Subjects: Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11040 , http://hdl.handle.net/10948/344 , Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Description: Our employment law which originates from the common principles has in recent years undergone significant changes. Under common law the employers and employees capacity to regulate their relationship has always been limited. The recommendations of the Wiehahn Commission introduced amendments to the Labour Relations Act of 1956. The introduction of the unfair labour practice concept and the establishment of the Industrial Court was a direct consequence of the recommendation of the Wiehahn Commission. The Industrial Court together with the higher courts developed new principles regarding unfair labour practices. In the process, a wealth of unfair labour practice jurisprudence was developed by these courts. However, the unfair labour practice definition did not include dismissals. The coming into power of the democratic government played an important role in transforming our labour law system. After the Labour Relations Act 66 of 1995 was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of our law of dismissals. The South African labour market has in the past years been characterised by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in our courts. Section 189 of the Labour Relations Act of 1995 stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith. Whilst section 189 deals with small-scale retrenchments, section 189A applies to large-scale retrenchments. These are employers who employ more than 50 employees and who contemplate retrenchment of more than the number of employees provided for in section 189(1)(a) or (b). Section 189A also introduced a facilitation process to be conducted in terms of regulations made by the Minister of Labour. The amendments to section 189 should be seen as an attempt to tighten the procedural aspect of retrenchments. The new law on retrenchments is a product of tough negotiations between the social partners at NEDLAC in which compromises were reached. There are still certain areas of concern to both labour and business. In those areas in which uncertainty still exists, the courts will be required to provide some guidance.
- Full Text:
- Date Issued: 2004
- Authors: Dyakala, Maynard
- Date: 2004
- Subjects: Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11040 , http://hdl.handle.net/10948/344 , Downsizing of organizations -- South Africa , Labor laws and legislation -- South Africa
- Description: Our employment law which originates from the common principles has in recent years undergone significant changes. Under common law the employers and employees capacity to regulate their relationship has always been limited. The recommendations of the Wiehahn Commission introduced amendments to the Labour Relations Act of 1956. The introduction of the unfair labour practice concept and the establishment of the Industrial Court was a direct consequence of the recommendation of the Wiehahn Commission. The Industrial Court together with the higher courts developed new principles regarding unfair labour practices. In the process, a wealth of unfair labour practice jurisprudence was developed by these courts. However, the unfair labour practice definition did not include dismissals. The coming into power of the democratic government played an important role in transforming our labour law system. After the Labour Relations Act 66 of 1995 was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of our law of dismissals. The South African labour market has in the past years been characterised by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in our courts. Section 189 of the Labour Relations Act of 1995 stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith. Whilst section 189 deals with small-scale retrenchments, section 189A applies to large-scale retrenchments. These are employers who employ more than 50 employees and who contemplate retrenchment of more than the number of employees provided for in section 189(1)(a) or (b). Section 189A also introduced a facilitation process to be conducted in terms of regulations made by the Minister of Labour. The amendments to section 189 should be seen as an attempt to tighten the procedural aspect of retrenchments. The new law on retrenchments is a product of tough negotiations between the social partners at NEDLAC in which compromises were reached. There are still certain areas of concern to both labour and business. In those areas in which uncertainty still exists, the courts will be required to provide some guidance.
- Full Text:
- Date Issued: 2004
Affirmative action as a strategy for social justice in South Africa
- Authors: Sinuka, Zamile Hector
- Date: 2017
- Subjects: Affirmative action programs -- Law and legislation -- South Africa , Social justice -- South Africa , Labor laws and legislation -- South Africa , South Africa -- Employment Equity Act -- 1998
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/20362 , vital:29268
- Description: The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.
- Full Text:
- Date Issued: 2017
- Authors: Sinuka, Zamile Hector
- Date: 2017
- Subjects: Affirmative action programs -- Law and legislation -- South Africa , Social justice -- South Africa , Labor laws and legislation -- South Africa , South Africa -- Employment Equity Act -- 1998
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/20362 , vital:29268
- Description: The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.
- Full Text:
- Date Issued: 2017
The obligation on employers to effect affirmative action measures
- Authors: Papu, Mzimkulu Gladman
- Date: 2017
- Subjects: Discrimination in employment -- South Africa , Labor laws and legislation -- South Africa , South Africa -- Employment Equity Act -- 1998 , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19738 , vital:28949
- Description: Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.
- Full Text:
- Date Issued: 2017
- Authors: Papu, Mzimkulu Gladman
- Date: 2017
- Subjects: Discrimination in employment -- South Africa , Labor laws and legislation -- South Africa , South Africa -- Employment Equity Act -- 1998 , Affirmative action programs -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19738 , vital:28949
- Description: Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.
- Full Text:
- Date Issued: 2017