Dissertations / Theses on the topic 'Industrial laws and legislation Australia'
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1
Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Chan, Sung-tai. "The enforcement of labour legislation in Hong Kong : a study of industrial safety regulations /." [Hong Kong : University of Hong Kong], 1986. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12323196.
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au, gswensen@westnet com, and Greg Swensen. "Reform of Minor Cannabis Laws in Western Australia, the United Kingdom and New Zealand." Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070507.150143.
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The past three decades has been a period of intense and sustained debate in a number of major Western countries about the wisdom of police continuing to apply legislation which can severely punish offenders by fines and even imprisonment because of laws and policies that prohibit the use, possession and cultivation of cannabis.
The large and growing number of young adults who have been exposed to the drug, some of whom have been charged and received criminal convictions with attendant deleterious effects on their employment and wellbeing, has forced policy makers to re-evaluate the justification for continuing to criminalise cannabis.
This thesis examines in detail the law reforms that occurred in early 2004 with respect to cannabis offenders in Western Australia (WA) and the United Kingdom (UK) and what lessons these reforms may hold for other jurisdictions interested in decriminalisation of minor cannabis offences.
A study was undertaken to compare the shortcomings and advantages of the different approaches to reform followed in WA and the UK. Reference to the reform in the UK, will be confined to meaning England, Wales and Northern Ireland as the necessary administrative guidelines have not so far been issued for Scotland.
In WA the reforms required a substantial legislative effort to establish a complex framework that outlined in detail the circumstances when police may issue cannabis infringement notices (CINs), whereas in the UK the approach involved limited legislative activity by the reclassification of the legal status of cannabis and by providing police with administrative guidelines issued by the Association of Chief Police Commissioners as to how to exercise their discretion in issuing formal warnings for a minor cannabis offence.
A comparison is made with New Zealand (NZ), where in spite of there being a similar process of deliberation and consultation as in WA and the UK, the government refused to implement formal reform because of a perception it was unable to decriminalise minor cannabis offences because of the restrictions imposed of agreement between the Clarke Labour Government and a minor political party.
The example of the failure of government in NZ to achieve reform illustrates the importance that in some jurisdictions there will be a significant role for non parliamentary advisory bodies and lobby groups to argue for reform and to garner public support when reform has stalled or been frustrated.
The thesis also includes a preliminary exploratory study using a number of indicators, such as prevalence and conviction data, to determine if the reforms implemented by the CIN scheme have resulted in or are likely to create unanticipated harms and to explore some of the issues in being to determine whether changes in law enforcement practices and priorities have impacted on the cannabis market or are likely to change the way cannabis may be transacted in WA.
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Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
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Yeung, Siu-hung Polly. "Labour policy and the employment ordinance." Click to view the E-thesis via HKUTO, 1991. http://sunzi.lib.hku.hk/hkuto/record/B42574195.
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Guthrie, Robert. "The convergence of industrial and workers compensation laws in the 1990s in Western Australia." Thesis, Curtin University, 2003. http://hdl.handle.net/20.500.11937/1152.
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This dissertation describes and interprets the effects of the significant changes to the workers compensation, industrial and related laws that occurred in the early 1990s in Western Australia. These could be characterised as motivated by a desire by the then Coalition Government to reduce access to legal representation in compensation claims, limit the potential of workers to claim damages for negligence and reduce the use of collective bargaining mechanisms to resolve industrial disputes. Arguably, the common philosophical themes were to individualise the relationship between employer and employee and to reduce the bargaining strength of workers. In general terms, these themes were presented under the guise of flexible workplace relations. Whether these outcomes were achieved is not the subject of this analysis, rather, the aim is to show that one (perhaps unintended) consequence of the legislative changes of the early 1990s was to create significant areas of overlap in various employment related laws. These areas of overlap have led to some difficulties within the various tribunals involved in the resolution of employment related disputes. Over the last decade, the issues arising from the 1990s amendments have crystallized into important principles, which are discussed in this work. The thesis of this dissertation is that an examination of the development of the industrial and workers compensation laws in Western Australia in the 1990s establishes sufficient commonality between the industrial relations and compensation systems to warrant the rationalisation of these two jurisdictions.
7
Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.
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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Chan, Sung-tai, and 陳崇泰. "The enforcement of labour legislation in Hong Kong: a study of industrial safety regulations." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974697.
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Guthrie, Robert. "The convergence of industrial and workers compensation laws in the 1990s in Western Australia /." Full text available, 2004. http://adt.curtin.edu.au/theses/available/adt-WCU20040729.084251.
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Guthrie, Robert. "The convergence of industrial and workers compensation laws in the 1990s in Western Australia." Curtin University of Technology, School of Business Law, 2003. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=14972.
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This dissertation describes and interprets the effects of the significant changes to the workers compensation, industrial and related laws that occurred in the early 1990s in Western Australia. These could be characterised as motivated by a desire by the then Coalition Government to reduce access to legal representation in compensation claims, limit the potential of workers to claim damages for negligence and reduce the use of collective bargaining mechanisms to resolve industrial disputes. Arguably, the common philosophical themes were to individualise the relationship between employer and employee and to reduce the bargaining strength of workers. In general terms, these themes were presented under the guise of flexible workplace relations. Whether these outcomes were achieved is not the subject of this analysis, rather, the aim is to show that one (perhaps unintended) consequence of the legislative changes of the early 1990s was to create significant areas of overlap in various employment related laws. These areas of overlap have led to some difficulties within the various tribunals involved in the resolution of employment related disputes. Over the last decade, the issues arising from the 1990s amendments have crystallized into important principles, which are discussed in this work. The thesis of this dissertation is that an examination of the development of the industrial and workers compensation laws in Western Australia in the 1990s establishes sufficient commonality between the industrial relations and compensation systems to warrant the rationalisation of these two jurisdictions.
11
Ludlow, Karinne Anne. "Which little piggy to market? : legal challenges to the commercialisation of agricultural genetically modified organisms in Australia." Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/5489.
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Li, Wai Kei. "A study of adopting alternative dispute resolution in occupational safety and health in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833817a.pdf.
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List, Julia Beate. "Wirtschaftsverwaltungsrechtsaufgaben in China und Deutschland : ein rechtsanalytischer Vergleich unter besonderer Berücksichtigung divergierender politischer Systeme und Wirtschaftsordnungen /." [Köln] : Heymann, 2009. http://d-nb.info/994805500/04.
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Bates, Ian George Bindon. ""Necessity's inventions" : a research project into South Australian inventors and their inventions from 1836 to 1886." Title page, contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09ARM/09armb3924.pdf.
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"August 2000" Includes bibliographical references (leaves 115-118) and index of inventors 1. Introduction, overview of years 1836-1886 -- 2. The Patent Act, no. 18, of 1859 -- 3. The Provisional Registration of Patents Act, no. 3, of 1875 -- 4. The Patent Act, no. 78, of 1877 -- 5. Numerical list of inventions
15
Mfecane, Asanda. "The impact of labour laws on small firms : a study of employer perceptions of the Labour Relations Act (66 of 1995) and the Basic Conditions of Employment Act (75 of 1997) in Grahamstown, Port Alfred and Port Elizabeth." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1012953.
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This study sought to explore and explain the impact of labour laws on small firms, focusing on employer perceptions of the Labour Relations Act of 1995 and the Basic Conditions of Employment Act of 1997 in three towns of the Eastern Cape. It is important to focus on this impact of labour laws on these firms because of the high unemployment that faces the country. In this regard, it must be emphasised, firstly, that small firms are central to job creation; therefore, they contribute to a reduction in the unemployment rate; hence, the strategies created by the government to reduce any burdens (including regulatory burdens) on small firms. It is therefore important to study the impact of labour law on small businesses in order to assess the regulatory burden on small firms. The theoretical framework which underpins this study on the impact of labour law on small firms arises from the neo-corporatist critique of neo-liberalism. The two frameworks maintain the extent to which the government should intervene in the industrial relations system. Liberalism maintains that there should be a minimum role of the government, which involves only the facilitation of a framework for negotiations between employers and employees. Corporatism, however, maintains a social democratic approach, and holds that there should be an active role of the government in the industrial relations system with business, labour and the state working co-operatively (Klerck, 2009). This theoretical framework therefore shapes the extent to which employers perceive labour laws or state’s regulatory role impacts small businesses. The data was collected through the qualitative inquiry; using face-to-face, semi-structured interviews. The findings in this study included negative employer perceptions of labour laws. More specifically, many of the employers that were interviewed claimed that labour laws were burdensome on their businesses. They claimed that labour laws imposed financial and administrative costs to their firms, negatively affected the employer-employee relationships in these firms as well as the employing decisions of the employers. As a result, the employers saw labour laws as undermining flexibility and imposing unfair rigidities on small firms. Furthermore, employers perceived South African labour laws as not addressing the unique iii circumstances of small firms. They maintained that labour laws treated small firms similarly to large firms. Even though the employers held these perceptions of labour laws, it was evident that these subjective perceptions did not reflect the objective impact of labour laws on small firms. This was firstly related to the fact that many of the employers that were interviewed had negative views of labour laws but these views were not substantiated by particular events in their firms. Secondly, it was revealed that the employers’ perceptions of labour laws were based on their misconception or misunderstanding of labour law. Thirdly, it was revealed in this thesis that small firms were not affected in the same way to big firms by labour regulation. This was related to the fact that many of the small firms’ employers that were interviewed tended to be less concerned by regulation. Specifically, although many employers that were interviewed claimed that labour laws were burdensome on their firms it was evident that regulation was avoided because of the informality that characterised these firms. Consequently informality mediated the impact of labour laws on these firms, and labour laws imposed less ‘costs’ on these firms. However, it cannot be argued that small firms are isolated from the sphere of labour laws. Rather, although these firms were governed by regulation it was found that the extent to which employers complied with regulation depended on the extent to which organisational practice already reflected similarity with the legislative objective.Acrobat PDFMaker 10.1 for Word
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Yeung, Siu-hung Polly, and 楊少紅. "Labour policy and the employment ordinance." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B42574195.
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Myeki, Mfundo. "Dismissal law in the education sector." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1567.
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This treatise will therefore critically discuss fairness requirements in dismissal law within the context of the education sector from: i) the perspective of a dismissed employee; and ii) the perspective of an employer who wishes to dismiss employees fairly; and iii) the perspective of a deemed dismissal. It will be proper to flow this discussion from the premises of what should be considered procedural and substantive fairness in dismissals.
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Roman, Richard Joseph. "Changing terms and conditions of employment following transferes to the Western Cape department of health." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/824.
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This treatise describes the difficulty of changing conditions of service following transfers in terms of Section 197 of the Labour Relations Act, 66 of 1995. The Constitution of the Republic of South Africa, Act 108 of 1996, provides that ambulance services are a Provincial Legislative competence. The City of Cape Town had for many years provided ambulance services on an agency basis to the Department of Health of the Provincial Administration of the Western Cape. The impact of the constitutional provision is that those employers and employees who are performing ambulance services are not entitled anymore to perform such function. The Department of Health must take control over the ambulance services and the employees of the City of Cape Town could be transferred. The challenges facing both employers (old and new) and the trade unions to secure a transfer of the employees from the City of Cape Town to the Department of Health in terms of section 197 of the Labour Relations Act will be highlighted. It is within the context of ensuring protection of jobs whilst simultaneously effect a transfer of contracts of employment that the Labour Relations Act expressly gives various options to the parties involves in a transfer. Of the options include: • A transfer in terms of section 197(2) of the LRA where the service could be transferred from the old employer to the new employer as a going concern. This could happen without the consent of the affected employees or trade unions and collective agreements must be taken over as well, or • The new employer complies with its obligations if the transfer takes place on terms and conditions that are on the whole not less favourable to the employees what they have received by the old employer. In terms of this provision the overall package of conditions of service that was offered should not be less in comparison with that of the old employer. • The parties also have the option to negotiate a transfer agreement that could regulate the conditions of service. The focus is on the description of the conditions of service of both employers and the difficulty to persuade the trade unions to accept the Department’s conditions of service. Part of the difficulty is that the Department must obtain its mandate from the Department of the Public Service and Administration, who is also responsible for the determining of the conditions of service in the Public Service. One of the challenges is that the Department of Health cannot accommodate collective agreements of entities outside the Public Service. The City of Cape Town’s conditions of service is in the form of a collective agreement and the Labour Relations Act is very specific with the various options. These options will be discussed an analised. In conclusion recommendations are made in regard to effect a transfer of conditions of employment in terms of the Labour Relations Act to enable the Department of Health to meet its constitutional obligation.
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Foca, Nolusindiso Octavia. "The role of the education labour relations council in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021054.
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The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.
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Hancock, Peter J. "Industrial development in Indonesia, development for whom?: A case study of women who work in factories in rural West Java." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1998. https://ro.ecu.edu.au/theses/1453.
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This research was conducted in order to address two major research questions: 1) To what extent and in what ways are a cohort of female factory workers in Sundanese West Java influential in the cultural, social and economic development of the geographic area in which they live and more specifically within their own households? 2) To what extent does the Indonesian state support or inhibit such development? In order to answer these and other secondary research questions I conducted qualitative and quantitative research. I used a theoretical framework which directed the methodology, questionnaires and both qualitative and quantitative data was collected whilst in the field in rural West Java. In this thesis I studied a cohort of female factory workers from rural West Java. The research provides more accurate data on the household status and position of young women involved in the industrialisation process in West Java and provides a better understanding of the outcomes and problems of this same process on a regional and national level. 323 women were included in the study, as were their families, during eight months fieldwork carried out in 1996/97 in Banjaran, West Java. This region is undergoing rapid industrial development and as a result is absorbing tens of thousands of young women from traditional lifestyles into factory employment. This transition has significant implications for the status of women in the region, and in Indonesia in general. The measurement of the impacts of industrial capitalism (positive and negative) upon the household, village, regional and national status of such women is the most important way in which this research analyses the implications of factory employment upon women's lives. I argue that Sundanese factory women are extremely important to their household and nation and without their loyalty to both, industrial development would not be successful in contemporary Indonesia. However, Indonesian factory women are heavily inhibited by a repressive and corrupt state. I have argued in this thesis that, more than any other factor (globalisation, modernisation, capitalism), the state in Indonesia is the most inhibitive phenomenon interfering with factory women's ability to share in the benefits of development and at the same time forge a new and improved status for themselves and others. More specifically, the state in Indonesia is structurally organised within strict and traditionally-oriented patriarchal parameters. The failure of this patriarchy to protect its own female factory workers, while at the same time making huge profits from their hard work, is at the centre of discussion within this thesis. It is ironic that this same state (patriarchy) demands the loyalty, discipline and respect of Indonesian women and places the responsibility for the successful development of Indonesian society and economy fairly on their shoulders. However, at the same time, state elites benefit enormously from factory women and women in general, yet provide them no protection and allow only a few to honestly share in the benefits of development. The position of Sundanese factory women vis-a-vis the state and industrial capitalism is discussed with the aid of major development theories, original research and data from similar studies to cement clearly in the minds of the readers the notion that, more than any other factor, the Indonesian state is failing most Indonesian people and specifically failing Indonesian factory women. In this thesis, the status and position of factory women act as delicate indicators of the levels of social justice and injustice in Indonesia and the extent to which major groups in Indonesian society are excluded from sharing fully in the benefits of development.
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Welch, M. Courtney. "Evolution, Not Revolution: The Effect of New Deal Legislation on Industrial Growth and Union Development in Dallas, Texas." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc30524/.
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The New Deal legislation of the 1930s would threaten Dallas' peaceful industrial appearance. In fact, New Deal programs and legislation did have an effect on the city, albeit an unbalanced mixture of positive and negative outcomes characterized by frustrated workers and industrial intimidation. To summarize, the New Deal did not bring a revolution, but it did continue an evolutionary change for reform. This dissertation investigated several issues pertaining to the development of the textile industry, cement industry, and the Ford automobile factory in Dallas and its labor history before, during, and after the New Deal. New Deal legislation not only created an avenue for industrial workers to achieve better representation but also improved their working conditions. Specifically focusing on the textile, cement, and automobile industries illustrates that the development of union representation is a spectrum, with one end being the passive but successful cement industry experience and the other end being the automobile industry union efforts, which were characterized by violence and intimidation. These case studies illustrate the changing relationship between Dallas labor and the federal government as well as their local management. Challenges to the open shop movement in Dallas occurred before the creation of the New Deal, but it was New Deal legislation that encouraged union developers to recruit workers actively in Dallas. Workers' demands, New Deal industrial regulations, and union activism created a more urban, modern Dallas that would be solidified through the industrial demands for World War II.
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Pather, Sivalingam. "Workplace forums in terms of the labour relations act 66 of 1995." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/845.
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The promulgation into law of the concept of workplace forums has been beset with immense criticism and opposition from organized labour and some quarters of organized business. Last ditch efforts by the Ministerial Task Team had won the day for the inclusion of this controversial provision in the new Labour Relations Act.1 Commentators on the Act tend to agree that the fallout with organized labour at the negotiations has probably set the scene as to whether the provisions would be widely used or not. History has shown that the establishment of such forums in workplaces has been low. In some situations where workplace forums had been established, their continuous sustainability was put into doubt. This has led to the de-establishment of some of these forums in some workplaces. Various reasons were provided, but the prime factors for its failure could be traced back to the negotiations at NEDLAC. The unions opposed the original proposal by government that minority unions and even non-union employees can trigger the establishment of a workplace forum and insisted that this be restricted to majority unions. The voluntary nature regarding the establishment of a workplace forum and the trigger that only a majority union can invoke the provisions has still seen unions reluctant to utilize the provisions since it did not serve their purpose. The aims of the provisions, namely to increase workplace democracy, was therefore thwarted in favour of more informal procedures. Although the idea is a noble one, it is argued that the introduction of the provisions was ill-timed and inappropriate. The lesson that the legislature can take is that for any provision to be a success, buy-in from all stakeholders is paramount. Research has shown that there was a steady decline in the establishment of workplace forums. Since December 2004 there was not a single application received by the Commission for Conciliation, mediation and Arbitration. There is also doubt as to whether any of the Forums that were previously established are still functional. What is certain is that statutory workplace forums is not at the forefront as a vehicle for change that was envisaged in the Explanatory Memorandum that accompanied the new Labour Relations Act. What is also certain is that employers and employees are utilizing other forums to ensure workplace participation. These forums, however, only provide a voice to unionized workers. The vast majority of non-union workers remain voiceless. The proposed amendments in 2002 that intimated that the trigger be any union and not only majority unions failed to be passed into law. Perhaps it is that type of catalyst that is required to give life to the provisions. The future of workplace forums in South Africa is bleak and will continue to be if there is no intervention by the parties at NEDLAC to revive it. A complete revamp of the legislation would be required for such a revival. Some commentators have made meaningful suggestions on changes that can be made to the legislation to make workplace forums more attractive. Some have suggested it be scrapped altogether and future workplace participatory structures should be left to the parties to embrace voluntarily. Workplace forums are a novel innovation with great potential to encourage workplace democracy. There is nothing wrong with the concept. The application of such forums in the South African context is what is concerning. Perhaps prior experience and experimentation with similar type forums have tarnished workplace participation. The strategies by the previous regime and some employers have caused such participation to equate to co-option. Perhaps not enough spade work was done to ensure that the climate and attitude of the parties was conducive for its introduction. What is paramount no matter the form it takes is that workplace participation is crucial for economic growth and the introduction of new work methods to improve productivity. Without the establishment of such forums, whether voluntary or statutory, the ‘second channel principle’ that promotes non-adversarial workplace joint decision-making would be lost and conflict based participation could spiral leading to economic disaster.
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Musukubili, Felix Zingolo. "Towards an efficient Namibian labour dispute resolution system : compliance with international labour standards and a comparison with the South African system." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018942.
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The thesis examines the Namibian labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. It describes the legal provisions that exist for the effective and efficient resolution of labour disputes through an alternative dispute resolution (ADR) system, which is given recognition in national labour legislation, and in a number of international labour standards and regional labour instruments. It argues for the provision of a proactive and expeditious dispute resolution system that helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The study examines the provisions of relevant international labour standards on labour dispute resolution to ascertain their adequacy as part frameworks that apply to Namibia and South Africa’s obligation to provide ADR systems that respond to the needs of the labour relations community. It is argued that ratifying particular ILO conventions creates obligations to comply with their provisions, and to apply them in national legislation and in practice. It is further argued that by having ratified those international labour standards that provide for ADR, Namibia assumes specific obligations under international law, enjoining the country to provide the required ADR system of conciliation and arbitration, which is credible and trusted by disputants and the general public. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The focus of the comparison is on whether the South African ADR system can inform Namibia’s application of its newly adopted ADR system. South Africa has a labour dispute resolution system that has influenced Namibian labour law, prompting Namibia to borrow its ADR system from South Africa’s advanced Commission for Conciliation Mediation and Arbitration (CCMA). In this sense, it is submitted that there are fundamental similarities and differences in the two respective systems. Ideally, disputes should be resolved at conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. In terms of implementation, it is argued that despite the international obligation and commitment to provide and make available free and expeditious ADR services, there are gaps that exist between the legal framework regulating the ADR system and the application thereof in practice, making the attainment of effective and efficient labour dispute resolution difficult. Disputes should be resolved as quickly and informally as possible, with little or no procedural technicalities, and without allowing them to drag on indefinitely, offering immediate solutions instead. This is far from the reality of the situation. In contrast, the study found that although the Labour Act, 2007 and the South African Labour Relations Act (LRA) have brought statutory dispute resolution within the reach of the ordinary worker, these Acts may have compounded the problems relating to dispute resolution in the respective countries. The statutes in question have created sophisticated systems of dispute resolution in which most role players are seen as failing to operate as a result of the complex and technical processes of dealing with disputes. For this reason, the author proposes several remedial interventions that look to the future and the continued provision of fast, effective and user-friendly ADR services. Solving these problems and making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
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Marca, Maurício Machado. "Relação de trabalho." reponame:Repositório Institucional da UCS, 2009. https://repositorio.ucs.br/handle/11338/1009.
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O objetivo do estudo é a interpretação da expressão “relação de trabalho”, inserida no art. 114, I, da CF/88, pela EC. 45/2004. Por meio do método analítico investigam-se os fundamentos políticos, jurídicos e sociológicos que respaldam a interpretação constitucional e demarcam a função institucional da Justiça do Trabalho para a sociedade brasileira. Inicia-se com breve relato da história da Justiça do Trabalho e seu regime de competências. Segue-se apanhado geral da doutrina e da jurisprudência que dá sentido e localização ao objeto de estudo ao evidenciar os pontos de convergência e divergência dos mais variados autores que se debruçaram sobre o tema. Após localizar o leitor no objeto de estudo, parte-se para a tentativa de aprofundar as razões sociológicas e políticas que estão por trás da alteração da norma constitucional de modo a dar fundamento à conclusão que se seguirá. Concluída a análise político-social sobre o modo de ser do trabalhador contemporâneo, retoma-se o prisma estritamente jurídico para concluir que a expressão “relação de trabalho” inclui na competência da Justiça do Trabalho todas as demandas promovidas pelos trabalhadores em face dos respectivos tomadores de serviço, independentemente da existência de relação de emprego a partir, única e tão-somente, do pressuposto do trabalho prestado por pessoa física, de um lado, e, de outro, a conjugação dos pressupostos da onerosidade ou da profissionalidade. No que tange às relações de consumo, não têm pertinência na delimitação do alcance da norma constitucional, mas podem ser relevantes no julgamento de questões prejudiciais incidentais, quando a relação de trabalho contiver em seu bojo também uma relação de consumo.Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2015-09-25T14:00:20Z No. of bitstreams: 1 Dissertacao Maurício Machado Marca.pdf: 1908252 bytes, checksum: db5f100bbf6ae3116537d6944f18055d (MD5)
Made available in DSpace on 2015-09-25T14:00:21Z (GMT). No. of bitstreams: 1 Dissertacao Maurício Machado Marca.pdf: 1908252 bytes, checksum: db5f100bbf6ae3116537d6944f18055d (MD5)
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McGowan, Wayne S. "Thinking about the responsible parent : freedom and educating the child in Western Australia." University of Western Australia. Graduate School of Education, 2004. http://theses.library.uwa.edu.au/adt-WU2005.0014.
Full textAbstract:
This study is concerned with how educational legislation shapes and uses freedom for the purpose of governing the parent. The key question guiding the study was: How does the Act constitute the ‘parent’ as a subject position responsible for schooling the child? Central to the work is an examination of the School Education Act 1999 (the Act) using Foucault’s thinking on governmentality. This is prefaced by historical accounts that bring together freedom and childhood as contrived styles of conduct that provide the governmental logic behind the Act. The study reveals how the Act shapes and uses the truth of freedom/childhood to construct the responsible parent as a style of conduct pegged to a neo-liberal political rationality of government. It is this political rationality that provides the node or point of encounter between the technologies of power and the self within the Act which forms the ‘responsible’ identity of the parent as an active self-governing entrepreneur made more visible by the political construction of ‘others.’ This is a legal-political subjectivity centred on the truth of freedom/childhood and a neo-liberal rationality of government that believes that any change to our current ethical way of being in relation to educating the child would ruin the very freedoms upon which our civilised lifestyle depends. In essence, the Act relies on the production of ‘others’ as the poor, Aboriginal and radical who must be regulated and made autonomous to constitute the ‘parent’ as an active consumer whose autonomous educational choices are an expression of responsibility in relation to schooling the child
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Neethling, Adolph Clarence. "A critical evaluation of the introduction of workplace forums to South Africa against the background of the German system of statutory worker participation and co-determination." Thesis, Stellenbosch : Stellenbosch University, 1998. http://hdl.handle.net/10019.1/50879.
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Thesis (MBA)-- Stellenbosch University, 1998.ENGLISH ABSTRACT: The Labour Relations Act No 66 of 1995 reflects the efforts of government. business and labour at restoring an environment conducive to workplace harmony. productivity, and minimal work disruptions. This statute. and in particular its reference to workplace forums, provides the basis for this study project, which critically evaluates the establishment of workplace forums and whether these forums will be adopted by business and in particular, labour. Theories relating to worker participation are examined. This paper recalls worker participation and co-determination models as found in Germany. It identifies the establishment and reviews the functioning of these worker participation models. The Labour Relations Act relating to workplace forums IS discussed In detail. It IS compared with the German system of participation. The writer concludes that the German system differs materially from the South African system on key points. The distinct differences that emerge between Germany and South Africa in the structuring of worker participation highlight the impact of social, political and economic factors on the eventual introduction of worker participation at the workplace. Likewise, the background and factors leading to the introduction of workplace forums differ. The German industrial relations system is more developed. Workplace forums are characteristic of a developed country such as Germany. In a developing country such as South Africa, trade unions still play a dominant role in the workplace. Here the establishment of a workplace forum is subject to the power of the union. Accordingly it is unlikely that workplace forums will enjoy much support or success in terms of the present Labour Relations Act. The writer examines the attitudes of capital and labour towards the establishment of workplace forums. and suggests reasons why it is unlikely that trade unions would apply for the establishment of workplace forums. He continues to explain why, in its present format, the concept of 'workplace forums is unacceptable to organised labour and has no chance of being implemented.
AFRIKAANSE OPSOMMING: Hierdie werkstuk handel oor die Wet op Arbeidsverhoudinge, wet 66 van 1995 en veral oor die instelling van werkplekforums. Teorie rondom die beginsel van werker deelname word bespreek. Daar word ondersoek ingestel oor hoe hierdie konsep in Duitsland onstaan het en hoe dit daar toegepas word. Die Suid Afrikaanse proses en onwikkeling van werker deelname in geheel asook deelname in besluitneming word besoek om te kyk of die bepalinge van die nuwe apartheidswet aanvaarbaar vir die plaaslike arbeidsmag is. Die bepalinge van die arbeidswet asook die grondwet aangaande werkpleksforums word in detail bespreek. Dit word gekontrasteer met die Duitse stelsel van deelname. So word daar ook gekyk na die rol van vakbonde in die verhand. Die skywer kom tot die slotsom dat die Duite stelsel op belangrike aspekte van die Suid-Afrikaanse model verskil. So ook verskil die agtergrond en omstandighede wat aanleiding gee tot die instelling van werkpleksforums. Die nywerheidsverhouding stelsel is meer gevordered in Duitsland. Werkpleksforums is 'n kenmerk van 'n onwikkelde land soos Duitsland. In 'n ontwikkelende land soos Suid Afrika speel die vakbonde nog 'n prominente rol in alle aspekte van die werkplek, dus is werkpleksforums onderworpe aan die mag van vakbonde en is dit onwaarskynlik dat werksplekforums ingevolge die nuwe aarbeidswet veeI steun of sukses sal geniet.
Centre for Science Development (HSRC)
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Hemsley, Michael Norman. "The constitutionality of section 32 of the Labour Relations Act." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/11070.
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Collective bargaining is the process whereby employees act as a collective unit whilst negotiating terms and conditions of employment with employers. The collective unit typically takes the form of a trade union, mandated by its members to negotiate on their behalf. By negotiating collectively the inherent imbalance of power between employer and individual employee is seen to be neutralised. The process of collective bargaining enjoys legal status in South Africa and around the world. The Industrial Conciliation Act of 1924 institutionalised collective bargaining for the first time in the form of the Industrial-Council system. This sectoral bargaining system stood firm throughout the pre-democracy period but initially excluded non-white employees. Industrial unrest in the 1970s was the catalyst for the Wiehan commission which ultimately brought all employees into the fold. By the dawn of democracy in South Africa the bargaining system enjoyed wide-spread support and legitimacy. This was particularly so amongst the COSATU-led labour movement which enjoyed a position of political strength. This support and strength were reflected in the contents of both the Labour Relations Act and the Constitution which enshrined the constitutional right to engage in collective bargaining. Possibly the most debated aspect of the Council system has been the question of extending agreements to non-parties. Those in favour argue that the Council system cannot function in the absence of extensions. This is so because what would then effectively be a voluntary system would not attract sufficient volunteers. Those against argue that extensions act as a barrier to economic activity, particularly for small and new businesses. Legislation has, since 1924, facilitated the extension of agreements as long as certain criteria are met. Section 32 of the Labour Relations Act is the current extension vehicle. The extension criteria have vacillated over time and especially so in recent history with section 32 being subject to change in every post-democracy amendment to the Act. Possibly the most serious challenge to the extension status quo has come in the form of a constitutional challenge by the Free-Market Foundation. The Foundation advances old economic arguments but links these to an alleged impingement of constitutional rights. The challenge comes at a time when the country is experiencing the most significant socio-political turbulence since democracy. This includes the most enduring strike in our history, a landmark-employer lock-out and a parliamentary facelift. The Metal and Engineering Industries Bargaining Council oversees the biggest manufacturing sector in the South African economy. This status prompted the Council to submit its own responding papers in the Free-Market case. Particularly fascinating is that an employer party to the Council not only supports the Foundation case but has also lodged its own proceedings against the extension of the 2014 Engineering agreement. Both these cases are still pending and the outcomes have the potential to transform the political and economic landscape of our country.
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Gillespie, Neil. "The legal protection of temporary employees." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019793.
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This paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C). Issues surrounding Temporary Employment Services and fixed-term employees have been very divisive and have been the topics of heated debate at all levels of Industrial Relations for a long time. Discussions regarding the use of the services of Temporary Employment Services can be highly emotive, with Temporary Employment Services being accused of committing wideThis paper is divided into two distinct sections. The first being an analysis of the legal protection of temporary employees as things currently stand. It deals with the various labour laws that currently regulate temporary employment as well as the temporary employment contract and the common-law. The second section summarises and analyses the provisions of the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill as they apply to fixed-term employees. Temporary employees are protected by the general protection extended to all employees in terms of section 23(1) of the Constitution of the Republic of South Africa, 1996, guaranteeing all employees the “right to fair labour practice”. The Labour Relations Act has as one of its main objectives to give effect to and regulate the fundamental rights contained in the Constitution. Thus the Labour Relations Act must not only give effect to constitutional rights but it must also ensure that it in no way unreasonably or unjustly denies or limits constitutional rights. Temporary employees have a number of labour laws protecting their interests. Where the provisions of the Basic Conditions of Employment Act, a Bargaining Council Agreement or a Sectoral Determination do not apply the employee will rely on the terms of the fixed-term employment contract and thereafter the common law for protection. The only protection offered to temporary employees contained in the Labour Relations Act is in section 186(1)(b), where a dismissal is defined to include the non-renewal of temporary contracts of employment where there is a reasonable expectation of renewal on the same or similar terms. This provision has proved to be highly controversial in that it does not expressly cater for temporary employees who harbour reasonable expectations of indefinite employment. An analysis is made of the most important cases relating to section 186(1)(b). The second section unpacks and critically analyses the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill which have been long in the offing and when they are finally enacted, will bring with them sweeping changes for atypical employment . The amendments will drastically change the way employers make use of fixed-term employees as well as the way in which Temporary Employment Services may conduct business if they are in fact able to keep working at all. There is very little literature of substance written about the Labour Relations Amendment Bill as it applies to atypical employment. The fact that the proposed amendments have changed so many times over such a long period of time might have deterred many writers from investing time and effort in attempts to analyse and summarise the amendments. Articles posted on the internet are in the main short and have very little content. No books were found with any discussion that pertains to the amendments. The amendments divide employees involved in atypical employment into two different categories. These categories consist of employees earning above the threshold in terms of section 6(3) of the Basic Conditions of Employment Act and those earning below this threshold. All fixed-term employees may rely on the provisions of section 186 of the Labour Relations Act. Employees earning below the threshold are considered to be the most vulnerable and have been afforded additional protections in terms of sections 198(A), (B) and (C).
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Lake, Rosalind. "Discrimination against people with mental health problems in the workplace : a comparative analysis." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1005712.
Full textAbstract:
For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.
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Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.
Full textAbstract:
South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
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Reinecke, Femke. "Leistungsbestimmung des Arbeitnehmers /." Frankfurt am Main ; New York : P. Lang, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015611371&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Klerck, Gilton-Georg. "Fractured solidarities: labour regulation, workplace restructuring, and employment 'flexibility' in Namibia." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1004898.
Full textAbstract:
A central concern of this thesis is the expansion, distribution and control of 'non-standard' employment in Namibia since independence. The employment relationship has assumed various historical forms under capitalism, each of which corresponds to a specific mode of regulation with distinct structural dynamics. An attempt is made to extend the regulation approach 'downwards' to account for the problem of order in the workplace and to place the employment relationship within its own regulatory framework. The point of departure in this study of the dynamics of labour regulation is the contradictory nature of labour's incorporation, allocation, control and reproduction within the labour market. The employment relationship is never only an economic exchange, but is also mediated through an institutional framework that connects the processes of production and social reproduction, and regulates conflicting interests inside and outside the workplace. This relationship, as critical realists have pointed out, is a product of the indeterminate intersection of several generative structures. The roots of these generative structures can be traced to three sets of social processes: the processes of production and the structuring of labour demand; the processes of social reproduction and the structuring of labour supply; and the forces of regulation. Non-standard employment is viewed as a particular social and spatio-temporal 'fix' for the various regulatory dilemmas generated by the standard employment relationship. This conception underscores the fact that a national system of labour regulation decisively shapes the conditions under which employers are able to casualise a part of their workforce. The differential experience across national boundaries suggests that analytical space needs to be provided for systems of labour market regulation which may either accentuate or moderate pressures for casualisation. Segmentation on the demand side of the labour market is explored through an analysis of the types of non-standard jobs created in different economic sectors. The various forms of employment 'flexibility' tend to vary in importance according to the specific manner in which a firm chooses to compete. Consequently, non-standard employees are distributed in a complex and uneven manner across industrial sectors and the occupational hierarchy, and face a diverse range of possibilities and liabilities that shape their levels and forms of participation in the labour market. By counteracting the homogenisation effects of labour law and collective bargaining, the mobilisation of cheap and disposable labour through non-standard employment contracts allows employers much greater discretion in constructing the wage-effort bargain. With non-standard employment, social and statutory regulation is weak or underdeveloped and hence managerial control is autocratic, with a significant contractual component. Although the changing social composition of the workforce associated with employment 'flexibility' poses serious challenges to the modes of organisation that have long served the labour movement, trade unions in Namibia and elsewhere have been slow to respond to the threats of casualisation. Of concern here, is the extent to which attempts to promote the security of existing union members is compatible with attempts to organise non-standard employees. This thesis shows that the unions have developed a complex amalgam of strategies in their efforts to regulate non-standard employment relationships.
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Asdorian, Martin. "Analysis of Reporting Compliance of Labor Relations Consultants Under Section 203 (b) of the Labor-Management Reporting and Disclosure Act, 1959." Thesis, University of North Texas, 1990. https://digital.library.unt.edu/ark:/67531/metadc331099/.
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This study examines the reporting compliance, as defined by section 203(b) of the Labor -Management Reporting and Disclosure Act (LMRDA), 1959, of labor relations consultants who engage in persuader activity. Organized labor suggests that the loss in union strength results, in large part, from management's use of labor relations consultants and their failure to file required reports with the U.S. Department of Labor.
Two samples of labor relations consultants known to have engaged in persuader activity and two samples of those who could be engaged in persuader activity are identified. A research questionnaire is mailed to 779 of the total of 887 labor relations consultants for whom an address could be developed.
Discriminant analysis using 16 variables correctly classifies 93.8 percent of the responding labor relations consultants grouped according to whether they had filed required reports. Other discriminant analyses using selected variables are also conducted.
Three associated questions are answered. First, there are an estimated 850 labor relations consultants who have engaged in persuader activity or who can be presumed to have engaged in persuader activity. Of this number, almost 500 are estimated to have engaged in persuader activity and only 30 percent of these are estimated to have filed required reports. Second, the labor relations consultants surveyed is, on average, male, an attorney, is titled "president" and is located in California, Michigan or Illinois. Third, solely in the context of National Labor Relations Board election processes, the effect on the loss of the union strength caused by (1) labor relations consultants and (2) the failure of the consultants who engaged in persuader activity to file a required report cannot be determined. However, because the estimated decrease in the number of union members over the years 1960 - 1989 exceeds the number of eligible voters in N.L.R.B. elections lost by unions over the same period, this effect is assessed as minimal
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Fischat, Herbert Robert James Falconer. "The criterion of justifiability as a ground for review following Sidumo v Rustenburg Platinum Mines (2007) 12 BLLR 1097 (CC)." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019792.
Full textAbstract:
This treatise will focus on the review of labour arbitration awards provided for under the oversight of the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining councils, statutory councils, accredited private agencies and approved private arbitration tribunals. The general grounds of review applicable to the arbitration awards of the different bodies are set out. Thereafter the case of Carephone (Pty) Limited v Marcus NO & others (1998) 19 ILJ 1452 (LAC) is analysed and the core principles pertaining to the justifiability test are clarified for the first time in the forum of the Labour Appeal Court. The judicial rationale for the relevance and applicability of the test to CCMA arbitration proceedings and criticisms of the test are examined. The justifiability tests are only applicable to review proceedings in CCMA matters and not available to private arbitration review matters. There are however three approaches which are being suggested for the application of the justifiability tests to private arbitration review. Firstly, it is suggested that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Secondly, the arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. Finally, it can be submitted that the law should be developed by reading into all arbitration agreements the ability to arbitrators to give justifiable awards. Since the judgment of Sidumo v Rustenburg Platinum Mines [2007] 12 BLLR 1097 (CC) various critical questions arose in relation to the interpretation and application for the purpose of dealing with subsequent review applications. Firstly, this research paper will seek to establish whether the courts in subsequent matters to the Sidumo judgment have interpreted reasonableness as a test or ground for review. Secondly the research paper will scrutinise case law whether the reviewing court is entitled to rely on and consider reasons other than those provided for by the commissioner in his award to determine inter alia, the reasonableness of his decision arrived at. The Constitutional Court in the Sidumo case rejected the so-called employer’s test, stating that ultimately the commissioner’s sense of fairness is what must prevail and not the employer’s view. Consequently an impartial determination whether or not a dismissal was fair is likely to promote labour peace amongst the labour force. The test arrived at by the Constitutional Court in the Sidumo case for determining whether a decision or arbitration award of a CCMA commissioner is reasonable, is a stringent test that will ensure that such awards are not easily interfered with. The question to be asked in determining whether there has been compliance with the standard is whether the decision of the commissioner is one which a reasonable decision maker could have reached. This approach will underpin the primary objectives of the Labour Relations Act which is the effective resolution of disputes. This finding will be apparent from important cases decided and discussed after the Sidumo landmark ruling.
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Oliphant, Lukhanyo Shane. "The right to engage in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19463.
Full textAbstract:
The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.
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Gotkin, Joshua Abraham. "The legislated adjustment of labor disputes: An empirical analysis, 1880-1894." Diss., The University of Arizona, 1995. http://hdl.handle.net/10150/187207.
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The Federal government's involvement in railroad labor disputes was one of the earliest examples of government intervention in the economy. Initially, when the economy was crippled by railroad strikes in the late nineteenth century, the government stepped in and crushed them with troops and injunctions. The Federal government's other approach was legislative, beginning with the passage of the Arbitration Act of 1888. As the first piece of Federal arbitration legislation, it had a significant impact on the development of subsequent labor legislation, such as the Railway Labor Act of 1926 and the National Labor Relations Act in 1935. Several methods are used to assess the impact and importance of the Arbitration Act. First, the political economy of the Arbitration Act is examined. Railroad owners opposed this legislation, fearing it would hinder their ability to hire, fire, and deal with striking workers. Organized labor favored arbitration, viewing such government intervention as providing a mandate that would compel, even force, employers to recognize unions. The ability of these constituent groups to influence their elected representatives is quantitatively tested using a simple model of legislative choice. The Arbitration Act was viewed as harmless, and even useless, by many Congressmen. Whether this legislation was effective is an important investigation. Two approaches are used to assess the impact of the legislation. The first uses a monthly index of railroad stocks to investigate how the expected future profitability of railroad firms was affected. The price of railroad stocks fell, which implies that the legislation was expected to reduce future profits. Investors felt that this legislation did not serve the best interests of railroad capital. The second approach examines how the passage of arbitration legislation affected strike frequency and duration. The analysis of the impact of the Arbitration Act confirms that the mere presence of arbitration procedures can lead to an increase in strike activity. Evidently, the relative costs of railroad strikes were lowered, thus increasing strike activity. The imposition of legislated bargaining procedures can produce unexpected results, as illustrated by the Arbitration Act's effect on railroad strikes.
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Bhe, Vuyisile. "Critical analysis of the 2007 public service strike and its impact on the evolution of formalised collective bargaining in South Africa." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1043.
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Section 213 of the Labour Relations Act defines ’strike’ as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and employee, and any reference to “work” this definition includes overtime work, whether it is voluntary or compulsory. According to Mcllroy: “As long as our society is divided between those who own and control the means of production and those who only have the ability to work, strikes will be inevitable because they are the ultimate means workers have of protecting themselves.” 1 The Constitutional Court justified the exclusion of a constitutional right to lock out and the inclusion of a constitutional right to strike by indicating that the right to strike is not equivalent to a right to lock out and is essential for workplace democracy. 2 The right to strike is essential to bolster collective bargaining and thereby to give employees the power to bargain effectively with employers. The employers on the According to the Constitutional Court employers enjoy greater social and economic power compared to individual workers and may exercise a wide range of power against workers through a range of weapons, such as dismissal, the employment of alternative or replacement labour, the unilateral implementation of new terms and conditions of employment, and the exclusion of workers from the workplace. To combat this and have a say in the workplace, the Constitutional Court held that “employees need to act in concert to provide them collectively with sufficient power to bargain effectively with employers and exercise collective power primarily through the mechanism of strike action”. The importance of the right to strike in creating workplace democracy is also reflected in a number of Labour Court and Labour Appeal Court judgments. other hand have economic strength that is used to bargain effectively. That is why the strike enjoys constitutional protection, whereas the lock-out does not.Abstract
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Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.
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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of jurisdiction. The purpose of this treatise is to consider the various approaches of our courts to the issue of the jurisdiction of the CCMA and to determine what approach is practically best suited for CCMA commissioners when the issue of jurisdiction is in dispute. The research methodology is based on the various approaches of our courts to the jurisdiction of the CCMA as set out in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC). The more practical “third” approach as proposed by van Niekerk J, in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC), has been favoured by the Labour Court and the CCMA following the judgment. The correct approach of a commissioner when dealing with specific jurisdictional facts such as condonation and the jurisdiction of a bargaining council will further be considered. However, the predicament that commissioners face is that the Labour Appeal Court’s approach to jurisdiction is in conflict with that of the Labour Court’s approach. In conclusion, it is submitted that the Labour Appeal Court must pronounce on the issue of jurisdiction, taking into consideration the approach of the Labour Court as to create certainty regarding the correct approach of a commissioner when faced with a jurisdictional challenge.
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Morais, Juliana Ferreira de. "Lei geral de terceirização e reestruturação sindical: uma reflexão necessária." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21125.
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The present study aims to study the legal innovations introduced in the legal system by Laws 13,429/2017 and 13,467/2017 on triangular labor relations, especially under the approach of outsourcing the end-activity and its precarious effects; and the investigation about the influence of the Brazilian trade union structure on these effects. Initially, a historical reconstruction is made with the scope of chronologically situating the emergence of the outsourcing institute and demonstrating its relations with the toyotista production model. Then the concept of the phenomenon is examined, in order to delimit its scope. It continues analyzing the legal and jurisprudential evolution, culminating with the enactment of Laws 13,429/2017 and 13,467/2017, the first laws to be dealt with regarding the general outsourcing of services in Brazil. It then reflects on the constitutionality and legality of the legal permission to outsource the service provider's final activity, as well as on the social and economic risks of the dissemination of outsourcing as a general contracting model, based on data provided by surveys in the area, on topics such as wages, work hours, length of employment, working conditions and union organization of outsourced workers. Finally, it presents a proposal for union restructuring, especially under the collective freedom of trade union approach, incompatible with the rigid criterion of aggregation by category imposed in Brazil, as a way to assure greater autonomy to outsourced workers, so that they themselves can seek, in the union of forces deriving from collective law, the solution to the problems arising from the adoption of the multiplied model of contracting, reconciling the values of human dignity with free initiative, foundations of the Federative Republic of Brazil – article 1, III and IV, of Constitution of 1988
O presente trabalho tem por objeto o estudo das inovações legais introduzidas no ordenamento jurídico pelas Leis n.º 13.429/2017 e n.º 13.467/2017 acerca das relações triangulares de trabalho, especialmente sob o enfoque da terceirização da atividade-fim e seus efeitos precarizantes; e a investigação a respeito da influência da estrutura sindical brasileira nesses efeitos. Inicialmente, faz-se uma reconstrução histórica com o escopo de situar cronologicamente o surgimento do instituto da terceirização e demonstrar suas relações com o modelo de produção toyotista. Passa-se, após, ao exame do conceito do fenômeno, a fim de delimitar seu alcance. Prossegue analisando a evolução legal e jurisprudencial, culminando com a promulgação das Leis n.º 13.429/2017 e n.º 13.467/2017, primeiras a tratar sobre a terceirização geral de serviços no Brasil. Em seguida, reflete sobre a constitucionalidade e a legalidade da permissão legal de terceirização da atividade-fim do tomador de serviços, bem como sobre os riscos sociais e econômicos da disseminação da terceirização como modelo geral de contratação, a partir de dados fornecidos por pesquisas de relevo na área, sobre temas como salários, jornada, tempo de permanência de emprego, condições de trabalho e organização sindical dos trabalhadores terceirizados. Por fim, apresenta proposta de reestruturação sindical, especialmente sob o enfoque da liberdade coletiva de organização sindical, incompatível com o rígido critério de agregação por categoria imposto no Brasil, como forma de assegurar maior autonomia aos trabalhadores terceirizados, para que eles próprios possam buscar, na união de forças oriundas do direito coletivo, a solução para os problemas decorrentes da adoção do multicitado modelo de contratação, compatibilizando os valores da dignidade humana, com a livre-iniciativa, fundamentos da República Federativa do Brasil – artigo 1.º, III e IV, da Constituição Federal de 1988
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Jarron, Christina. "More nearly social institutions legal regulation and the sociology of corporations /." Phd thesis, Australia : Macquarie University, 2009. http://hdl.handle.net/1959.14/81460.
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"October 2008"Thesis (PhD)--Macquarie University, Division of Society, Culture, Media and Philosophy, Dept. of Sociology 2009.
Bibliography: leaves 273-293.
Introduction -- Patterns of corporate activity as patterns of corporate dominance: legal, organisational, and economic features of corporations -- Representations of corporate dominance in insidious injuries -- The legal basis of corporate dominance: History of the corporation -- Legal individualism and corporate personhood -- Theories of the corporation -- The legal regulation of corporations - corporate liability laws -- Conclusion.
Corporations are no longer simply a type of business structure; they are dominant social institutions. As institutions, corporations are archetypes of contemporary complex social organisation and should, therefore, be a central concern for sociology. Yet with few notable exceptions, sociologists have failed to address their increasingly dominant position in contemporary societies. In this thesis I argue the importance of a renewed sociological interest in corporations. This must acknowledge, but go beyond, the political-economic outcomes of corporations to address the profound consequences of the legal foundations of the corporate form. Corporations are created and regulated by legal doctrine; it is only with a legal mandate that corporations are able to act as employers, suppliers and investors. On this basis, I claim that any understanding of corporate dominance and its effects must commence with an appreciation of the laws that enable the corporation to exist and operate. -- While contributing significantly to wealth creation, corporate dominance also increases the potential for harm to occur to individuals and communities who fall within a corporation's scope. The contemporary proliferation of industrial illnesses is a prime example of this and is examined through a case study of the operations of an Australian asbestos corporation, James Hardie. This case study is timely and unique in its specification of the link between corporate activity and law in contemporary society. -- I argue that corporate activity such as that in the case study is enhanced and legitimated by the legal description of the corporation that assigns to it the capacities of a human individual through corporate legal personhood. Corporate personhood is examined as an example of the legal individualism endorsed in liberal common law countries. By exploring accounts of corporate structure, decision-making and work processes, I explain how the individualised description of the corporation is at odds with its collective realities; the largest and most successful corporations are collectives of human and monetary resources. -- In light of this, I question the extent to which the effective regulation of corporations can be achieved within existing legal frameworks. Building upon research into workplace health and safety in the United Kingdom, the regulation of workplace deaths in Australia is examined to demonstrate the various approaches to regulating corporations and to identify their shortcomings. This is a striking example of the problems law faces in regulating corporations by virtue of its individualistic design. -- The thesis concludes with an affirmation that sociology needs to grapple with issues of corporate activity and that an understanding of the legal basis of the corporation is the foundation of such studies.
Mode of access: World Wide Web.
295 leaves
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Partington, Jonathan. "Re(viewing) the constitutional court's decision in Sidumo v Rustenburg Platinum Ltd." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1032.
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In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which arbitrators are obliged to make reasonable decisions, the court (in confirming that arbitrators are so obliged) held that the obligation to do so suffuses section 145 of the LRA, and that the extended review grounds legislated under PAJA do not apply. In the present article these judicial conclusions are critically analysed and evaluated, and a number of submissions are made, inter alia: it is submitted that the Constitutional Court’s rejection of the “reasonable employer” test was premised on a fundamental misinterpretation of the test; that while the court’s attempt to locate the reasonableness standard within the LRA was perhaps justifiable, the court failed to consider properly, or at all, the wording of section 145 and its history, with the consequence that the court failed to appreciate that section 145 of the LRA (save on an unduly strained interpretation) could not conceivably be construed to cater, in itself and without more, for the constitutional right to lawful, reasonable and procedurally fair administrative action; and further, that the labour landscape post-Sidumo is, to an extent, unquestionably one bathed in greater uncertainty. In conclusion, the author poses the question whether, on a review of Sidumo, the Constitutional Court should not be considered to have fallen short of fulfilling its constitutional obligations under the rule of law.
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Neto, José Pandolfi. "O dissídio coletivo enquanto processo jurisdicional de formação na norma trabalhista: a emenda constitucional n.45/2004 e a violação do princípio da inafastabilidade da jurisdição." Universidade Católica de Pernambuco, 2010. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=501.
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O presente estudo tem como objeto o Poder Normativo da Justiça do Trabalho, enquanto processo jurisdicional de formação de norma. Objetiva enfrentar as diretrizes
traçadas pela Emenda Constitucional n. 45/2004, que desfigurou a sua natureza e impôs obstáculos para o acesso à justiça nas hipóteses dos dissídios coletivos de natureza
econômica. Traça inicialmente um panorama das alternativas de solução dos conflitos e a estrutura dogmática desse modelo de procedimento para, em seguida, demonstrar a sua
importância no contexto da Teoria Geral do Processo. A partir de uma nova pauta hermenêutica e se valendo de uma bibliografia atualizada e multidisciplinar enfrenta o
conteúdo da referida emenda e defende que o seu enunciado fere vários Princípios Constitucionais Processuais, especialmente o Princípio da Inafastabilidade da Jurisdição.
Como convém a um estudo acadêmico, apresenta as evidências empíricas e analíticas produzidas pela Teoria Social Crítica, a fim de demonstrar que citada emenda constitucional
foi apresentada no momento em que o mundo vive uma crise sistêmica desencadeada pelo geopolítica ultraliberal, com profundas implicações no mundo do trabalho; nas reconhecidas
crises do sindicalismo contemporâneo e seus impactos negativos para as negociações coletivas e as greves. Deixa transparecer que a sua adoção está conectada também com as propostas disseminadas pelo neocorporativismo que teima em afastar o Estado das resoluções desses mesmos conflitos e, em particular, a Justiça do Trabalho de exercitar esse mesmo poder normativo. Com base em tais argumentos, conclui fazendo a defesa do Poder Normativo e propõe o reconhecimento da inconstitucionalidade da referida emenda
constitucionalThis study deals with the Labor Justices Normative Power, as a jurisdictional process of norm formation. The objective is to question the directions traced by the Constitutional Amendment n. 45/2004, which disfigured its nature and imposed obstacles to the access to justice in the cases of economic collective disagreements dissidios. Firstly, it traces a panorama of conflict solution alternatives, as well as the dogmatic structure of this procedure model to demonstrate its importance in the context of the General Theory of the Process. From a new hermeneutic agenda and using an updated and multidisciplinary bibliography, the study questions the content of the referred amendment and it defends that its content goes against a number of Procedural Constitutional Principles, especially the principle of Jurisdiction Inafastabilit. As it is usual in an academic study, it presents the empirical and analytical evidence produced by Critical Social Theory studies, to demonstrate that the cited constitutional amendment was presented in a moment when the world is living a systemic crisis, caused by ultraliberal geopolitics, with deep implications in the world of labor; the recognized crises of contemporary unions and their negative impact in collective negotiations and strikes. It also suggests that its adoption is connected with the proposals disseminated by neocorporativism, which insists in the aversion of the State from the resolutions of these same conflicts and, in particular, it prevents the Labor Justice from exercising this normative power. Based on such arguments, the study concludes by defending the Normative Power and it proposes the recognition of the unconstitutionality of the referred constitutional amendment
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Loff, Beatrice. "Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions." Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.
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Fortes, Vinícius Borges. "Percepções do fator acidentário de prevenção: o (in)sustentável meio ambiente do trabalho na pós-modernidade." reponame:Repositório Institucional da UCS, 2011. https://repositorio.ucs.br/handle/11338/589.
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A pesquisa aborda as percepções do Fator Acidentário de Prevenção como instrumento normativo para o alcance da sustentabilidade no meio ambiente do trabalho. Buscar a sustentabilidade no plano das relações de trabalho conduz à garantia de um ambiente laboral digno às presentes e futuras gerações de trabalhadores. Diante disso, a pesquisa atinge seus objetivos ao expor uma análise histórico-sociológica da transição do trabalho como formação biológico-evolutiva do ser humano à necessidade biológico-social pelo trabalho, abordando o meio ambiente do trabalho e as significativas transformações dos processos produtivos. Outrossim, a pesquisa demonstra a relevância do princípio da precaução para a construção de um meio ambiente do trabalho seguro, saudável e, sobretudo, sustentável, bem como aponta o Fator Acidentário de Prevenção (FAP) como instrumento normativo para a sustentabilidade do ambiente laboral. A pesquisa tem natureza qualitativo-exploratória, tendo utilizado como técnicas de coleta de dados a observação direta e a entrevista semiestruturada para identificar a percepção de seis observadores das relações de trabalho em relação ao FAP. Além disso, a pesquisa desenvolveu-se com uma sequência metodológica dividida em três fases: fase preliminar estado da arte , onde foram analisados os referenciais teóricobibliográficos, que fundamentaram a pesquisa de campo, denominada fase de coleta de dados , e a fase analítico-conclusiva , onde ocorreu a análise e discussão dos dados coletados. A pesquisa é dotada de embasamento metodológico que permitiu retratar o contexto fático do meio ambiente do trabalho e do Fator Acidentário de Prevenção sob o olhar do Ministério do Trabalho e Emprego, Ministério Público do Trabalho, INSS, Justiça do Trabalho, representante da classe dos empregados e representante da classe dos empregadores.Submitted by Marcelo Teixeira (mvteixeira@ucs.br) on 2014-06-04T17:57:32Z No. of bitstreams: 1 Dissertacao Vinicius Borges Fortes.pdf: 1001126 bytes, checksum: c0e40811f9e71899ec7245cd545af372 (MD5)
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The research approaches the perceptions of Accident Prevention Factor as a normative instrument for achieving sustainability in the environment of work. Seeking sustainability in terms of labor relations leads to ensuring a decent working environment for present and future generations of workers. Given this, the research achieves its objectives by exposing a historical-sociological analysis of the transition from working as biological-evolutionary training of human beings to the need for biological and social work, approaching the environment of work and the significant transformations of production processes. Moreover, research demonstrates the relevance of the precautionary principle to build a working environment safe, healthy and above all, sustainable, and points to the Accident Prevention Factor (APF) as a regulatory tool for the sustainability of the work environment. The research has qualitative and exploratory nature, and used as data collection techniques the direct observation and semistructured interviews to identify the perception of six observers of labor relations about the APF. Moreover, the research was developed with a methodological sequence divided into three phases: preliminary phase - "state of the art", which analyzed the theoretical and bibliographic, which motivated the research field, called "phase of data collection" and "Analytical-conclusive phase" that was a discussion and analysis of data collected. The research is endowed with a methodological basis that allowed portray the factual context of the environment of work and Accident Prevention Factor under the gaze of the Ministry of Labor and Employment, Labour Prosecutor, Social Security, Labour Justice, representing the class of employees and representative of the class of employers.
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Pandolfi, Neto José. "O dissídio coletivo enquanto processo jurisdicional de formação na norma trabalhista: a emenda constitucional n.45/2004 e a violação do princípio da inafastabilidade da jurisdição." Universidade Católica de Pernambuco, 2010. http://tede2.unicap.br:8080/handle/tede/435.
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Previous issue date: 2010-08-16This study deals with the Labor Justice s Normative Power, as a jurisdictional process of norm formation. The objective is to question the directions traced by the Constitutional Amendment n. 45/2004, which disfigured its nature and imposed obstacles to the access to justice in the cases of economic collective disagreements dissidios. Firstly, it traces a panorama of conflict solution alternatives, as well as the dogmatic structure of this procedure model to demonstrate its importance in the context of the General Theory of the Process. From a new hermeneutic agenda and using an updated and multidisciplinary bibliography, the study questions the content of the referred amendment and it defends that its content goes against a number of Procedural Constitutional Principles, especially the principle of Jurisdiction Inafastabilit. As it is usual in an academic study, it presents the empirical and analytical evidence produced by Critical Social Theory studies, to demonstrate that the cited constitutional amendment was presented in a moment when the world is living a systemic crisis, caused by ultraliberal geopolitics, with deep implications in the world of labor; the recognized crises of contemporary unions and their negative impact in collective negotiations and strikes. It also suggests that its adoption is connected with the proposals disseminated by neocorporativism, which insists in the aversion of the State from the resolutions of these same conflicts and, in particular, it prevents the Labor Justice from exercising this normative power. Based on such arguments, the study concludes by defending the Normative Power and it proposes the recognition of the unconstitutionality of the referred constitutional amendment
O presente estudo tem como objeto o Poder Normativo da Justiça do Trabalho, enquanto processo jurisdicional de formação de norma. Objetiva enfrentar as diretrizes traçadas pela Emenda Constitucional n. 45/2004, que desfigurou a sua natureza e impôs obstáculos para o acesso à justiça nas hipóteses dos dissídios coletivos de natureza econômica. Traça inicialmente um panorama das alternativas de solução dos conflitos e a estrutura dogmática desse modelo de procedimento para, em seguida, demonstrar a sua importância no contexto da Teoria Geral do Processo. A partir de uma nova pauta hermenêutica e se valendo de uma bibliografia atualizada e multidisciplinar enfrenta o conteúdo da referida emenda e defende que o seu enunciado fere vários Princípios Constitucionais Processuais, especialmente o Princípio da Inafastabilidade da Jurisdição. Como convém a um estudo acadêmico, apresenta as evidências empíricas e analíticas produzidas pela Teoria Social Crítica, a fim de demonstrar que citada emenda constitucional foi apresentada no momento em que o mundo vive uma crise sistêmica desencadeada pelo geopolítica ultraliberal, com profundas implicações no mundo do trabalho; nas reconhecidas crises do sindicalismo contemporâneo e seus impactos negativos para as negociações coletivas e as greves. Deixa transparecer que a sua adoção está conectada também com as propostas disseminadas pelo neocorporativismo que teima em afastar o Estado das resoluções desses mesmos conflitos e, em particular, a Justiça do Trabalho de exercitar esse mesmo poder normativo. Com base em tais argumentos, conclui fazendo a defesa do Poder Normativo e propõe o reconhecimento da inconstitucionalidade da referida emenda constitucional
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Qwele, Gcobani. "An analysis of the role of labour relations practitioners as change agents : a case study on the Department of Defence." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2109.
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Thesis (MPA (School of Public Management and Planning))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: Chapter 1 outlines the purpose of the research, provides the background on the way in which LR matters are currently managed and handled in the Department of Defence (DOD), identifies the research problem, and outlines the research design and methodology. Chapter 2 explores the theoretical framework of the principles of labour relations and management of change. The chapter reveals that the principles of labour relations hold persons in management or supervisory positions responsible for managing LR matters, and suggests that LR practitioners should therefore be able to equip them with adequate skills and knowledge of the procedures for dealing with LR matters in the workplace. The chapter also reveals that the principles of the management of change suggest that the employees should be prepared for change; that a change agent, who should create an environment conducive to change through lobbying the support of persons in management and employees for the proposed change, should be identified; and that resistance to change should be identified at an early stage of the change process in order to eliminate it. Change agents are encouraged not to dominate the change process, but rather to facilitate it in order to ensure that the organisation and its employees drive the change process themselves. Chapter 3 explores the objectives of the LR support function as well as the content of LR practices in order to determine the extent to which LR practitioners can become change agents in the DOD. The chapter reveals that LR at grassroots level is practiced in the way that has resulted to conflicts and costly litigations. In this chapter the regulatory framework and procedures that impede LR practitioners from becoming change agents are also analysed. Chapter 4 covers the data collection process and the analysis thereof. The data reveals that the LR structure at grassroots level is not conducive for the professional delivery of enhanced LR services; that the target group does not have access to adequate resources that would enable them to execute their functions; and that empowerment programmes are implemented to equip the target group with adequate qualifications, skills and or knowledge to be able to render enhanced LR services. The main findings were that guidance is lacking to ensure that LR systems, structures and processes at grassroots level are in place, to ensure that LR matters are managed and handled in a fair and responsible way; to ensure that LR staff with adequate competences to render LR services is appointed; and to ensure that the LR department is active enough and lead the execution of enhanced LR services. In Chapter 5 the main findings are analysed and it is concluded that LR practitioners are unable to become change agents if LR systems, structures and processes are not in place. It is encouraged that LR practitioners should form a cohesive but diverse team that is able to render enhanced LR services, and that the LR department should take a leading role. It is recommended that a study be conducted to determine overarching LR strategy that would guide the establishment of LR systems, the determination of LR structure and processes for dealing with LR matters, and the empowerment programmes for ensuring the professional delivery of enhanced LR services.
AFRIKAANSE OPSOMMING: Hoofstuk 1 skets die doel van die navorsing en verskaf agtergrond oor die manier waarop arbeidsverhoudinge tans in die Departement van Verdediging bestuur en hanteer word. In hierdie hoofstuk word die navorsingsprobleem ook geïdentifiseer en die navorsingsontwerp en -metodologie uitgestippel. Hoofstuk 2 ondersoek die teoretiese raamwerk van arbeidsverhoudingbeginsels en die bestuur van verandering. Die hoofstuk openbaar dat die beginsels van arbeidsverhoudinge persone in bestuurs- of toesighoudende posisies verantwoordelik hou vir die bestuur van arbeidsverhoudingkwessies. Daar word voorgestel dat arbeidsverhoudingpraktisyns daarom in staat moet wees om hierdie persone toe te rus met voldoende vaardighede en kennis van die prosedures vir die hantering van arbeidsverhoudingkwessies in die werkplek. Die hoofstuk openbaar ook dat die beginsels van die bestuur van verandering aandui dat werknemers op verandering voorbereid moet wees en dat ’n veranderingsagent geïdentifiseer moet word. Só ’n agent moet ’n atmosfeer skep wat bevorderlik vir verandering is deur steun vir die voorgestelde verandering van persone in bestuur en werknemers te werf. Verder moet weerstand teen verandering in ’n vroeë stadium in die veranderingsproses vasgestel word om dit sodoende uit te skakel. Veranderingsagente word aangemoedig om nie die veranderingsproses te oorheers nie, maar eerder te vergemaklik om te verseker dat die instelling en sy werknemers die veranderingsproses self dryf. Hoofstuk 3 ondersoek die teikens van die arbeidsverhoudingsteunfunksie asook die inhoud van arbeidsverhoudingpraktyke om te bepaal tot watter mate arbeidsverhoudingpraktisyns veranderingsagente in die Departement van Verdediging kan word. Hierdie hoofstuk onthul dat arbeidsverhoudinge op grondvlak op ’n manier beoefen word wat reeds tot konflik en duur litigasies gelei het. In hierdie hoofstuk word die regulerende raamwerk en prosedures geanaliseer wat arbeidsverhoudingpraktisyns verhinder om veranderingsagente te word. Hoofstuk 4 dek die data-insamelingsproses en analise van hierdie proses. Die data onthul dat die arbeidsverhoudingstruktuur op grondvlak nie bevorderlik is vir die professionele lewering van verbeterde arbeidsverhoudingdienste nie, en dat die teikengroep nie toegang tot voldoende bronne het wat hulle in staat sou stel om hulle funksies uit te voer nie. Die data openbaar verder dat bemagtigingsprogramme toegepas word om die teikengroep met voldoende opleiding, vaardighede en/of kennis toe te rus om verbeterde arbeidsverhoudingdienste te lewer. Die hoofbevinding was dat daar gebrekkige leiding is om te verseker dat arbeidsverhoudingstelsels, -strukture en -prosesse op grondvlak gereed is; dat arbeidsverhoudingkwessies op ’n regverdige en verantwoordelike manier bestuur en hanteer word; dat arbeidsverhoudingpersoneel met voldoende bevoegdhede aangestel word om arbeidsverhoudingdienste te lewer, en dat die arbeidsverhoudingdepartement aktief genoeg is en die voortou neem in die uitvoering van verbeterde arbeidsverhoudingdienste. In hoofstuk 5 word die hoofbevindinge geanaliseer en die gevolgtrekking gemaak dat arbeidsverhoudingpraktisyns nie in staat is om veranderingsagente te word indien arbeidsverhoudingstelsels, -strukture en -prosesse nie gereed is nie. Arbeidsverhoudingpraktisyns word aangemoedig om ’n verenigde maar diverse span te vorm wat verbeterde arbeidsverhoudingdienste kan bied en die arbeidsverhoudingdepartement word aangemoedig om ’n leidende rol in hierdie verband te speel. Daar word aanbeveel dat ’n studie gedoen word om ’n oorkoepelende arbeidsverhoudingstrategie vas te stel wat as riglyn kan dien vir die stigting van arbeidsverhoudingstelsels, die bepaling van arbeidsverhoudingstruktuur en prosesse om met arbeidsverhoudingkwessies om te gaan, en bemagtigingsprogramme om te verseker dat verbeterde arbeidsverhoudingdienste professioneel gelewer word.
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Mtumtum, Lungisa Shadrack. "Effecting social justice during conciliation and CON-ARB processes conducted at the CCMA and bargaining councils." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19245.
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The primary purpose of this treatise is to reexamine the South African labour dispute resolution bodies to see if they live up to the legislation’s promise of promoting social justice in conciliation, arbitration and con-arb processes concluded by them. The study defines social justice and examines this term in relation to employment law. The promotion of social justice was reaffirmed by the International Labour Organisation in its 1944 Conference which was later incorporated into its Constitution. The study briefly reviews the importance of this conference of the 10 May 1944 in relation to promoting social justice. The study also examines the social justice in the context of South African employment laws by briefly analyzing each South African labour legislation and the Constitution. This analysis is based on the provisions of legislation and considers if the respective provisions promote social justice as required by the International Labour Organisation’s Constitution and later by the South African Constitution. In analyzing the Constitution, and other legislation like the; Employment Equity Act (EEA), and Labour Relations Act (LRA), the treatise examines certain cases that were determined under the legislation from social justice perspective. The Labour Relations Act 66 of 1995 represents one of the major reforms of the labour relations system in South Africa. It is guided by the Constitution in terms of promoting social justice. The LRA established the dispute resolution bodies that are mandated by the legislation to resolve labour disputes. The study examines the systems and the processes employed by these bodies mainly the Commission for Conciliation; Mediation and Arbitration (CCMA) and the Bargaining Councils to determine if these systems are promoting social justice as required by the legislation. In conducting this analysis the study considers not only the processes adopted but also the manner in which the relevant dispute resolution bodies market their services; their strategies and operational plans; and accessibility and more. The study further investigates the challenges that these bodies are faced with that have a negative impact on their responsibility to promote social justice. These challenges faced by society range from unemployment, the level of literacy and the growing inequality within South African society. They constantly pose a challenge and require these bodies to consistently devise means and strategies to overcome them. A limited comparative study is undertaken in order to determine whether South Africa can learn anything from another country. There are several countries that may have been chosen to conduct this study but the study considered the fact that it needs to look at the country without the sub-Saharan Africa. The country that shares a history similar to South Africa due to the fact that the social challenges faced by the South African society might be similar to those faced by the country chosen. In this research Namibia was chosen as a suitable country to determine whether there is something to learn from it or not. In conclusion it is submitted that South African legislation pertaining to labour dispute resolution needs to constantly evolve in order to promote social justice challenges of the time.
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Pires, Edilson Araújo. "Mapeamento das estratégias para intensificar a proteção da propriedade intelectual e a transferência de tecnologia : um estudo de caso da Universidade Federal do Recôncavo da Bahia." Pós-Graduação em Ciência da Propriedade Intelectual, 2014. https://ri.ufs.br/handle/riufs/3404.
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The Law of Technological Innovation established the obligation of Institutions of Science and Technology (ICTs) has a Center for Technological Innovation (NIT) to manage its innovation policy. The creation of NITs resulted in the growth of the number of requests for protection of Intellectual Property (IP) derived from Brazilian universities. The Federal University of Reconcavo of Bahia (UFRB), despite having existed Coordination of Science and Technological Innovation in 2006 and an NIT since 2007, its innovation policy was not enhanced enough to strengthen the culture of IP protection in technology transfer (TT) and the approach the University with the industrial sector. This study aimed to map and proposes strategies to enhance the protection of Intellectual Property and Technology Transfer (IP&TT) in UFRB. Thus, we carried out a literature survey to identify strategies already used by other institutions, desk research to identify the strategies adopted by UFRB to consolidate its innovation policy, a survey of scientific and technological production to develop indicators that production and identify their potential in Research, Development and Innovation, and finally, the application of semi-structured interviews with managers UFRB to analyze the perception of these managers on innovation policy of the University. It was found that the UFRB scientificize has a production of 407 publications (between 2006 and 2012) and a technological production of 11 patents in the National Institute of Industrial Property that period. On its policy of innovation, UFRB tries to establish it since 2006, but has trouble finding its intensification as, for example, lack of trained human resources, the difficulty of inserting a culture of protection of IP rights among academics and the gap with the business sector. Whereas the number of projects covered by the Scholarship Program Started in Technological Development and Innovation (PIBITI) reached 56 and the defenses of dissertations and theses reached the number of 252 performances, UFRB has a scientific productivity that has not been protected by IP rights and could have resulted in many products, processes or services with innovative potential. In 2014, despite the creation of the Coordination of Creation and Innovation (CINOVA), is additionally necessary to adopt other strategies to strengthen innovation policy at the University such as the creation of a Commission of IP&TT; expansion in the number of servers and; actions to enhance the culture of IP&TT between academics and businesses; the inclusion, at undergraduate and postgraduate, discussions on IP rights and; monitoring of projects with innovative potential.A Lei de Inovação Tecnológica estabeleceu a obrigatoriedade das Instituições de Ciência e Tecnologia (ICTs) dispor de um Núcleo de Inovação Tecnológica (NIT) para gerir sua política de inovação. A criação dos NITs resultou no crescimento do número de pedidos de proteção da Propriedade Intelectual (PI) proveniente de universidades brasileiras. Na Universidade Federal do Recôncavo da Bahia (UFRB), apesar de ter existido a Coordenação de Ciência e Inovação Tecnológica já em 2006 e um NIT desde 2007, sua política de inovação não foi intensificada o suficiente para fortalecer a cultura de proteção da PI, de transferência de tecnologia (TT) e a aproximação da Universidade com o setor industrial. O presente estudo teve como objetivo mapear e propor estratégias para intensificar a proteção da Propriedade Intelectual e a Transferência de Tecnologia (PI&TT) na UFRB. Dessa forma, fez-se um levantamento bibliográfico para identificar estratégias já utilizadas por outras instituições, uma pesquisa documental para identificar as estratégias adotadas pela UFRB para consolidar sua política de inovação, um levantamento de sua produção científica e tecnológica para elaborar indicadores dessa produção e identificar seu potencial em Pesquisa, Desenvolvimento e Inovação e, por fim, a aplicação de entrevistas semiestruturadas com gestores da UFRB para analisar a percepção desses gestores sobre a política de inovação da Universidade. Verificou-se que a UFRB tem uma produção cientificar de 407 publicações (entre 2006 e 2012) e uma produção tecnológica de 11 patentes depositadas no Instituto Nacional de Propriedade Industrial nesse período. Sobre sua política de inovação, a UFRB tenta estabelecê-la desde 2006, mas vem encontrando problemas para sua intensificação como, por exemplo, a falta de recursos humanos capacitados, a dificuldade de inserir uma cultura de proteção dos direitos de PI entre os acadêmicos e o distanciamento com o setor empresarial. Considerando que o número de projetos contemplados pelo Programa Institucional de Bolsas de Iniciação em Desenvolvimento Tecnológico e Inovação (PIBITI) chegou a 56 e as defesas de dissertações e teses atingiu o número de 252 apresentações, a UFRB tem uma produtividade científica que não tem sido protegida por direitos de PI e poderia ter resultado em muitos produtos, processos ou serviços com potencial inovador. Em, 2014, apesar da criação da Coordenação de Criação e Inovação (CINOVA), adicionalmente é preciso adotar outras estratégias para fortalecer a política de inovação na Universidade como: a criação de uma Comissão de PI&TT; ampliação do quadro de servidores e; ações para intensificar a cultura de PI&TT entre os acadêmicos e empresas; a inclusão, na graduação e na pós-graduação, de discussões sobre direitos de PI e; acompanhamento dos projetos com potencial inovador.
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Camas, Roda Ferran. "Los Fundamentos jurídico-laborales de la obligación general de seguridad empresarial." Doctoral thesis, Universitat de Girona, 1999. http://hdl.handle.net/10803/96818.
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The aim of this doctoral thesis is to consolidate the preventive perspective as one of priority action, both by public authorities and private companies, in order to protect the health and safety of employees. To this end, the obligations incumbent on employers to provide a safe job for employees were studied. These obligations appear in Act 31/95 (November 8th) on Prevention of Risks at Work. A further aim is to assist legal agents in handling the labour regulations on health and safety at work, by the study of the safety regulations that have amplified the Act. Since these regulations originate in the legislation emanating from the International Labour Organization and the European Union, a detailed study was also made of the agreements taken at the ILO to protect the health and safety of employees, and of the directives issued within the European Community to promote improvements in work conditionsLa finalidad de la tesis doctoral es consolidar la perspectiva preventiva como la de actuación prioritaria, tanto por los poderes públicos como por la parte empresarial, para la protección de la seguridad y salud de los trabajadores. Con este objeto, se realiza un estudio de las obligaciones que conciernen al empresario para proveer un puesto de trabajo seguro al trabajador, y que vienen reguladas en la Ley 31/1995, de 8 de noviembre, de Prevención de Riesgos Laborales. También se pretende facilitar al agente jurídico el manejo de la normativa laboral de seguridad y salud en el trabajo mediante el estudio de los reglamentos de seguridad que han desarrollado la Ley. Ya que el conjunto de esta normativa tiene su origen en la legislación emanada de la Organización Internacional del Trabajo y la Unión Europea, también se realiza un estudio pormenorizado tanto de los convenios adoptados en la OIT para proteger la seguridad y salud de los trabajadores como de las Directivas surgidas en el ámbito de la Comunidad Europea para promover la mejora de las condiciones de trabajo
La finalitat de la tesi doctoral és consolidar la perspectiva preventiva com la d’actuació prioritària, tant pels poders públics com per la part empresarial, per a la protecció de la seguretat i la salut dels treballadors. Amb aquest objecte, es realitza un estudi de les obligacions que concerneixen l’empresari per proveir un lloc de treball segur al treballador, i que són regulades a la Llei 31/1995, de 8 de novembre, de Prevenció de Riscos Laborals. També es pretén facilitat a l’agent jurídic el maneig de la normativa laboral de seguretat i salut en el treball mitjançant l’estudi dels reglaments de seguretat que han desenvolupat la Llei. Com que el conjunt d’aquesta normativa té el seu origen en la legislació emanada de l’Organització Internacional del Treball i de la Unió Europea, també es realitza un estudi detallat tant dels convenis adoptats a l’OIT per protegir la seguretat i la salut dels treballadors com les directives sorgides en l’àmbit de la Comunitat Europea per promoure la millora de les condicions de treball