Automatic termination clauses in employment contracts
- Authors: Ndzendze, Kutala
- Date: 2019
- Subjects: Labor contract -- South Africa , Employees -- Dismissal of -- Law and legislation -- South Africa Unfair labor practices -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/41808 , vital:36594
- Description: This study aims to establish Automatic Termination Clauses in Employment contracts by analyzing the provisions of the Constitution of the Republic of South Africa, Labour Relations Act and the precedents. The automatic termination of employment contract means that the contract is terminated without giving an employee the opportunity to state his or her version as per the audi alteram partem principle. In essence, the employee is deprived of his or her right to a fair dismissal as outlined in the Labour Relations Act. The automatic termination clauses in employment contract means that the employment contract will come to an end when the employee’s services are no longer required or when the employer simply does no longer want to keep the employee at work. The Constitution of the Republic of South Africa provides that “everyone has the right to fair labour practices”.1 In terms of the Labour Relations Act (hereinafter referred to as “the LRA”),2 every employee has the right not to be unfairly dismissed. An employment contract between an employee and employer arises out of a contract to perform services. This is so whether the contract is in writing or not. Dismissal is defined in the LRA3 as where the employer has terminated employment with or without a notice. The thesis is composed of five chapters, each of them dealing with different aspects of automatic termination clauses in employment contracts.
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- Date Issued: 2019
Concussion in contact sport: investigating the neurocognitive profile of Afrikaans adolescent rugby players
- Authors: Horsman, Mark
- Date: 2010
- Subjects: Afrikaner students -- Intelligence testing Sports -- Psychological aspects Rugby football injuries Neural computers Neuropsychological tests Brain -- Concussion
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2994 , http://hdl.handle.net/10962/d1002503
- Description: A number of computerised tests have been especially developed to facilitate the medical management of the sports-related concussion. Probably the most widely used of these programmes is the ImPACT test that was developed in the USA and that is registered with the HPCSA for use in the South African context. A recent Afrikaans version of the test served as the basis of the present study with the following objectives: (i) to collect Afrikaans ImPACT normative data on a cohort of Afrikaans first language adolescent rugby players with Model C education for comparison with existing South African English first language adolescent rugby players with Private/Model C schooling, and (ii) to investigate the pre-versus postseason ImPACT neurocognitive test profiles of this cohort of Afrikaans first language adolescent rugby players versus equivalent noncontact sports controls. The results for Part 1 of the study generally demonstrate poorer performance in respect of the Afrikaans cohort, which is understood to be the result of poorer quality of education. The results for Part 2 demonstrated failure of the rugby group to benefit from practice on the ImPACT Visual Motor Speed composite score to the same extent as the control group. It is argued that this apparent cognitive vulnerability in the rugby group is due to lowered cognitive reserve capacity in association with long term exposure to concussive and sub-concussive injury.
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- Date Issued: 2010