A case study of corporate social investment: employing people with intellectual disabilities
- Authors: Pillay, Jayalakshmi
- Date: 2011
- Subjects: Kuyasa Special School (Grahamstown, South Africa) , Rhodes University -- Employees , Social responsibility of business -- South Africa , People with mental disabilities -- Employment -- South Africa , Employee retention -- South Africa , Industrial relations -- South Africa , Vocational guidance -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:733 , http://hdl.handle.net/10962/d1003853 , Kuyasa Special School (Grahamstown, South Africa) , Rhodes University -- Employees , Social responsibility of business -- South Africa , People with mental disabilities -- Employment -- South Africa , Employee retention -- South Africa , Industrial relations -- South Africa , Vocational guidance -- South Africa
- Description: This research was undertaken within the broader concept of Corporate Social Investments and how this concept is integrated within the context of staff retention and what this means for business and creating employment opportunities for people with disabilities. Illustrated through the description of CSI literature and intending to explain the link between CSI and employee retention, research questions presented as part of the outcomes for the research examines notion that there is a relationship between Corporate Social Investment and Employee Retention. Reference to the case study "Rhodes / Kuyasa Partnership" illustrates how such partnerships attempt to create opportunities for the community, the organisation, people with disabilities and employees at large. The case study was written to be used as a teaching case study in the context of Human Resources, Business Sustainability and Corporate Social Investment. The effectiveness and viability of the Kuyasa / Rhodes partnership will highlight acceptance and or non acceptance of people with disability by the non-disabled workforce. This case study will highlight CSI linkages that lead to staff retention, higher job satisfaction, lower turnover of staff, enhanced community engagement, creating opportunities that accommodate people with special needs, developing models that can be replicated in other organisations, creating additional opportunities for existing staff. Metcalf (2008:61) suggests that organisations need to ensure that the leadership and organisation culture within organisations is appropriate to engage staff with disabilities and non-disabled staff, and that their most senior managers demonstrate their commitment to develop, and help others develop, in the same way. The Kuyasa Rhodes Partnership may have started off as a Retention Strategy, however has given rise to a social initiative that can be replicated in other enabling organisations. The case study material was acquired through one on one interviews, and a focus group session on the effectiveness with the retention of such employees with intellectual disabilities, internship and mentoring issues, and as well as issues such as affirmative action, and the benefits and shortcomings of staff retention to the organisation. Key stakeholders interviewed for this case study expressed differing view -points, and in particular the benefits and shortcomings of this initiative. The Rhodes Kuyasa initiative appears to have achieved some success in enabling young adults / learners to work in a mainstream working environment by developing employment skills and life skills, and by improving their employment opportunities. Factors critical to the continuation of such initiatives included: the close involvement with both partners (Rhodes and the Kuyasa Special School), the sensitive treatment of the learners, and creating internal departmental partnerships within the Rhodes environment. A selected group of ten learners were mentored and provided with full time employment within the industrial Campus Food Services facility. Discussion that was highlighted in the case study must give consideration to a more investigative approach into overcoming the barriers of discrimination in the workplace and the major barriers to skills development. These have highlighted a number of relatively consistent themes around what were the successful and unsuccessful strategies. Integration of people with disabilities within the Rhodes University service areas has had positive effects for the disabled learner and employee workplace. People with disabilities indicated on how having mainstream employment allowed them to be independent, have a purpose in life and enhance their self worth in their communities and place of employment. Furthermore, being employed had positive repercussions on the person‘s co-workers. By demonstrating their competence, people with disabilities have had significant impact on other people‘s attitudes to disabled persons. Discussions held with the Principal of the Kuyasa Specialised School highlighted the need for crucial planning within special schools for disabled people in the area of transition from school to skills development and work. Skills development guidance is important in ensuring a choice of relevant interventions and obtaining the necessary information. Some staff expressed frustration at being with co-workers who questioned their presence and placement in the kitchen environment. Even though the disabled person was suitably placed they faced stereotypical behaviour and attitudes from their co-workers on what people with disabilities can or cannot do. Staff with intellectual disabilities commented that their co-workers see them as needing constant attention and care and not being capable of working. Some of the staff with disabilities had to work much harder to be recognised by their co-workers and supervisors. Currently few people with disabilities seem to be receiving career guidance while at school, as reflected in the case studies. One person with an intellectual disability described how the intervention of developing a comprehensive school leaving plan, which was then implemented by the school, allowed for good transition from school to Rhodes University. The role of personal factors such as life skills, personal motivation, the desire for personal achievement and a positive attitude were common themes that came out of the focus group. Initiatives to ensure that people accept themselves, their circumstances and are able to express their desires and realise their dreams are important factors. In addressing the barriers, co-worker attitudes make a big difference to how effectively the disabled person is able to participate in the training and employment. The future focus must be enabling and in line with successes and failures in the areas of employee integration in the workplace, life-skills development for people with disabilities. A clear career guidance plan should be developed for all disabled children before they leave school. This plan should include provision of adequate information on different career options and training. The negative attitudes of co-workers and supervisors should be changed by providing training support to ensure that they feel confident to meet the needs of disabled staff. Employers should be providing support and information on how to meet the needs of disabled employees. People with intellectual disabilities are an integral part of the South African population. Business and social enterprises need to have a focused inclusive strategy to integrate people with intellectual disabilities within the South African society to ensure equity and diversity awareness. Working with people with intellectual disabilities has been the focus of this research to ensure long term sustainable employment, CSI and Employment equity. Integrating Corporate Social Investment policies with Human Resources Equity policies are important factors in ensuring that people with intellectual disabilities are a fundamental focus in recruitment and retention strategies within business and social enterprises. Initiatives such as the Kuyasa / Rhodes Partnership are attempting to align to the overall objectives of incorporating people with intellectual disabilities into mainstream work, in particular, with the objective of incorporating people with disabilities in some accessible sections within the organisation. This contributes to the Rhodes University Campus Food Services becoming an example of excellence in the CSI and employee retention field. It is hoped that this teaching case study will make an important contribution to students learning about sustainable business practices, and for business focusing on employment recruitment and retention strategies to integrate people with intellectual disabilities within their organisations.
- Full Text:
- Date Issued: 2011
- Authors: Pillay, Jayalakshmi
- Date: 2011
- Subjects: Kuyasa Special School (Grahamstown, South Africa) , Rhodes University -- Employees , Social responsibility of business -- South Africa , People with mental disabilities -- Employment -- South Africa , Employee retention -- South Africa , Industrial relations -- South Africa , Vocational guidance -- South Africa
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: vital:733 , http://hdl.handle.net/10962/d1003853 , Kuyasa Special School (Grahamstown, South Africa) , Rhodes University -- Employees , Social responsibility of business -- South Africa , People with mental disabilities -- Employment -- South Africa , Employee retention -- South Africa , Industrial relations -- South Africa , Vocational guidance -- South Africa
- Description: This research was undertaken within the broader concept of Corporate Social Investments and how this concept is integrated within the context of staff retention and what this means for business and creating employment opportunities for people with disabilities. Illustrated through the description of CSI literature and intending to explain the link between CSI and employee retention, research questions presented as part of the outcomes for the research examines notion that there is a relationship between Corporate Social Investment and Employee Retention. Reference to the case study "Rhodes / Kuyasa Partnership" illustrates how such partnerships attempt to create opportunities for the community, the organisation, people with disabilities and employees at large. The case study was written to be used as a teaching case study in the context of Human Resources, Business Sustainability and Corporate Social Investment. The effectiveness and viability of the Kuyasa / Rhodes partnership will highlight acceptance and or non acceptance of people with disability by the non-disabled workforce. This case study will highlight CSI linkages that lead to staff retention, higher job satisfaction, lower turnover of staff, enhanced community engagement, creating opportunities that accommodate people with special needs, developing models that can be replicated in other organisations, creating additional opportunities for existing staff. Metcalf (2008:61) suggests that organisations need to ensure that the leadership and organisation culture within organisations is appropriate to engage staff with disabilities and non-disabled staff, and that their most senior managers demonstrate their commitment to develop, and help others develop, in the same way. The Kuyasa Rhodes Partnership may have started off as a Retention Strategy, however has given rise to a social initiative that can be replicated in other enabling organisations. The case study material was acquired through one on one interviews, and a focus group session on the effectiveness with the retention of such employees with intellectual disabilities, internship and mentoring issues, and as well as issues such as affirmative action, and the benefits and shortcomings of staff retention to the organisation. Key stakeholders interviewed for this case study expressed differing view -points, and in particular the benefits and shortcomings of this initiative. The Rhodes Kuyasa initiative appears to have achieved some success in enabling young adults / learners to work in a mainstream working environment by developing employment skills and life skills, and by improving their employment opportunities. Factors critical to the continuation of such initiatives included: the close involvement with both partners (Rhodes and the Kuyasa Special School), the sensitive treatment of the learners, and creating internal departmental partnerships within the Rhodes environment. A selected group of ten learners were mentored and provided with full time employment within the industrial Campus Food Services facility. Discussion that was highlighted in the case study must give consideration to a more investigative approach into overcoming the barriers of discrimination in the workplace and the major barriers to skills development. These have highlighted a number of relatively consistent themes around what were the successful and unsuccessful strategies. Integration of people with disabilities within the Rhodes University service areas has had positive effects for the disabled learner and employee workplace. People with disabilities indicated on how having mainstream employment allowed them to be independent, have a purpose in life and enhance their self worth in their communities and place of employment. Furthermore, being employed had positive repercussions on the person‘s co-workers. By demonstrating their competence, people with disabilities have had significant impact on other people‘s attitudes to disabled persons. Discussions held with the Principal of the Kuyasa Specialised School highlighted the need for crucial planning within special schools for disabled people in the area of transition from school to skills development and work. Skills development guidance is important in ensuring a choice of relevant interventions and obtaining the necessary information. Some staff expressed frustration at being with co-workers who questioned their presence and placement in the kitchen environment. Even though the disabled person was suitably placed they faced stereotypical behaviour and attitudes from their co-workers on what people with disabilities can or cannot do. Staff with intellectual disabilities commented that their co-workers see them as needing constant attention and care and not being capable of working. Some of the staff with disabilities had to work much harder to be recognised by their co-workers and supervisors. Currently few people with disabilities seem to be receiving career guidance while at school, as reflected in the case studies. One person with an intellectual disability described how the intervention of developing a comprehensive school leaving plan, which was then implemented by the school, allowed for good transition from school to Rhodes University. The role of personal factors such as life skills, personal motivation, the desire for personal achievement and a positive attitude were common themes that came out of the focus group. Initiatives to ensure that people accept themselves, their circumstances and are able to express their desires and realise their dreams are important factors. In addressing the barriers, co-worker attitudes make a big difference to how effectively the disabled person is able to participate in the training and employment. The future focus must be enabling and in line with successes and failures in the areas of employee integration in the workplace, life-skills development for people with disabilities. A clear career guidance plan should be developed for all disabled children before they leave school. This plan should include provision of adequate information on different career options and training. The negative attitudes of co-workers and supervisors should be changed by providing training support to ensure that they feel confident to meet the needs of disabled staff. Employers should be providing support and information on how to meet the needs of disabled employees. People with intellectual disabilities are an integral part of the South African population. Business and social enterprises need to have a focused inclusive strategy to integrate people with intellectual disabilities within the South African society to ensure equity and diversity awareness. Working with people with intellectual disabilities has been the focus of this research to ensure long term sustainable employment, CSI and Employment equity. Integrating Corporate Social Investment policies with Human Resources Equity policies are important factors in ensuring that people with intellectual disabilities are a fundamental focus in recruitment and retention strategies within business and social enterprises. Initiatives such as the Kuyasa / Rhodes Partnership are attempting to align to the overall objectives of incorporating people with intellectual disabilities into mainstream work, in particular, with the objective of incorporating people with disabilities in some accessible sections within the organisation. This contributes to the Rhodes University Campus Food Services becoming an example of excellence in the CSI and employee retention field. It is hoped that this teaching case study will make an important contribution to students learning about sustainable business practices, and for business focusing on employment recruitment and retention strategies to integrate people with intellectual disabilities within their organisations.
- Full Text:
- Date Issued: 2011
Dismissal law in the education sector
- Authors: Myeki, Mfundo
- Date: 2011
- Subjects: Industrial relations -- South Africa , Labor laws and legislation , Employees -- Dismissal of -- Law and legislation , Labor contract -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10213 , http://hdl.handle.net/10948/1567 , Industrial relations -- South Africa , Labor laws and legislation , Employees -- Dismissal of -- Law and legislation , Labor contract -- South Africa
- Description: 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.
- Full Text:
- Date Issued: 2011
- Authors: Myeki, Mfundo
- Date: 2011
- Subjects: Industrial relations -- South Africa , Labor laws and legislation , Employees -- Dismissal of -- Law and legislation , Labor contract -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10213 , http://hdl.handle.net/10948/1567 , Industrial relations -- South Africa , Labor laws and legislation , Employees -- Dismissal of -- Law and legislation , Labor contract -- South Africa
- Description: 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.
- Full Text:
- Date Issued: 2011
The right to organise: critiquing the role of trade unions in shaping work relations in post-apartheid South Africa
- Authors: Nyathi, Mthokozisi
- Date: 2011
- Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
- Full Text:
- Date Issued: 2011
- Authors: Nyathi, Mthokozisi
- Date: 2011
- Subjects: Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3690 , http://hdl.handle.net/10962/d1003205 , Labor unions -- South Africa , Apartheid -- South Africa , Industrial relations -- South Africa , Labor unions -- Law and legislation -- South Africa , Labor -- South Africa
- Description: Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature of work from standard to atypical employment), the resurfacing of adversarialism in the bargaining process, and numerous shortcomings inherent in forums established to facilitate corporatism. Business is intensifying its calls for investor-friendly policies, which effectively mean a relaxation of labour policies. The trade union movement faces an enormous task of rebuilding confidence and credibility among its members and at the same time showing some commitment to other social actors, government and business, that it is committed to contribute to economic growth and employment creation. The central focus of this thesis will be to highlight the gains made by the trade union movement, the numerous challenges threatening their existence, and how they have attempted to redefine their role in the face of these challenges. It will attempt to offer advice on how trade unions can continue to play a prominent role in shaping relations of work in South Africa. The study begins with a historical overview of trade unionism in South Africa. It then attempts to establish how trade unions have made use of the institution of collective bargaining, the importance of organisational rights to the trade union movement, the effectiveness of industrial action, and the emerging challenges threatening the vibrancy of trade unions. The overall aim is to assess whether the trade union movement is still a force to be reckoned with and its future role in influencing employment relations in South Africa.
- Full Text:
- Date Issued: 2011
Critical analysis of the 2007 public service strike and its impact on the evolution of formalised collective bargaining in South Africa
- Authors: Bhe, Vuyisile
- Date: 2009
- Subjects: Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10192 , http://hdl.handle.net/10948/1043 , Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
- Description: 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
- Full Text:
- Date Issued: 2009
- Authors: Bhe, Vuyisile
- Date: 2009
- Subjects: Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10192 , http://hdl.handle.net/10948/1043 , Collective bargaining -- South Africa , Dispute resolution (Law) -- South Africa , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Industrial relations -- South Africa
- Description: 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
- Full Text:
- Date Issued: 2009
Workplace forums in terms of the labour relations act 66 of 1995
- Authors: Pather, Sivalingam
- Date: 2007
- Subjects: Industrial relations -- South Africa , Labor laws and legislation -- South Africa , Works councils -- Law and legislation -- South Africa , Works councils -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10229 , http://hdl.handle.net/10948/845 , Industrial relations -- South Africa , Labor laws and legislation -- South Africa , Works councils -- Law and legislation -- South Africa , Works councils -- South Africa
- Description: 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.
- Full Text:
- Date Issued: 2007
- Authors: Pather, Sivalingam
- Date: 2007
- Subjects: Industrial relations -- South Africa , Labor laws and legislation -- South Africa , Works councils -- Law and legislation -- South Africa , Works councils -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10229 , http://hdl.handle.net/10948/845 , Industrial relations -- South Africa , Labor laws and legislation -- South Africa , Works councils -- Law and legislation -- South Africa , Works councils -- South Africa
- Description: 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.
- Full Text:
- Date Issued: 2007
The direction of trade and its implications for labour in South Africa
- Authors: Cameron, Iona R
- Date: 2005
- Subjects: Labor demand -- South Africa , Labor market -- South Africa , Industrial relations -- South Africa , Foreign trade and employment -- South Africa , International economic relations , Free trade -- South Africa , South Africa -- Commercial policy
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:948 , http://hdl.handle.net/10962/d1002682 , Labor demand -- South Africa , Labor market -- South Africa , Industrial relations -- South Africa , Foreign trade and employment -- South Africa , International economic relations , Free trade -- South Africa , South Africa -- Commercial policy
- Description: This aim of this thesis is to analyse the demand for labour from trade with a selection of South Africa’s trading partners. It is expected that labour demand will be greater in trade with developed blocs. Trade between developing blocs, however, is thought to be more skilled labour intensive and such trade should have greater linkages. This ought to feed through into greater labour demand so that South-South trade may be more ‘labour creating’ than expected. As it is more skill intensive, it may also be more dynamic, which has implications for future growth and development. Factor content methodology is used to assess labour demand. Calculations consider linkages to other sectors (which will increase labour demand) and the use of scarce resources (which has an opportunity cost to labour). The findings support the claim that trade with developing blocs is more professional labour intensive. Evidence that it may be more dynamic and have greater linkages to labour is borne out in exports to SADC. Greater labour demand through linkages, however, is not evident in net trade to SADC. Neither are they of significance in trade with any of the other developing blocs so labour effects due to linkages appear to be negligible. The advantages of South-South trade may rather lie in the dynamic benefits that trade in higher technology goods provides. When scarce resources such as capital and professional labour are taken into account, it is found that labour demand is negative in net trade to all blocs. However, even without the problem of scarce resources, most blocs have a negative demand for labour in net trade. The indication is that with the present trade patterns, South Africa cannot expect trade to increase labour demand. Policy which could improve this situation would be to increase labour force skills, improve the flexibility of the labour market and develop sectors which are both more advanced as well as labour intensive. Despite the negative impact of trade on labour in general, it is found that trade does differ by direction and that for each labour type there are certain blocs where labour demand is positive. This is also the case in net trade for particular sectors. Such information could be used as part of a targeted trade policy to assist in the marketing of particular sectors in trade and also for increasing labour demand for certain labour groups.
- Full Text:
- Date Issued: 2005
- Authors: Cameron, Iona R
- Date: 2005
- Subjects: Labor demand -- South Africa , Labor market -- South Africa , Industrial relations -- South Africa , Foreign trade and employment -- South Africa , International economic relations , Free trade -- South Africa , South Africa -- Commercial policy
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:948 , http://hdl.handle.net/10962/d1002682 , Labor demand -- South Africa , Labor market -- South Africa , Industrial relations -- South Africa , Foreign trade and employment -- South Africa , International economic relations , Free trade -- South Africa , South Africa -- Commercial policy
- Description: This aim of this thesis is to analyse the demand for labour from trade with a selection of South Africa’s trading partners. It is expected that labour demand will be greater in trade with developed blocs. Trade between developing blocs, however, is thought to be more skilled labour intensive and such trade should have greater linkages. This ought to feed through into greater labour demand so that South-South trade may be more ‘labour creating’ than expected. As it is more skill intensive, it may also be more dynamic, which has implications for future growth and development. Factor content methodology is used to assess labour demand. Calculations consider linkages to other sectors (which will increase labour demand) and the use of scarce resources (which has an opportunity cost to labour). The findings support the claim that trade with developing blocs is more professional labour intensive. Evidence that it may be more dynamic and have greater linkages to labour is borne out in exports to SADC. Greater labour demand through linkages, however, is not evident in net trade to SADC. Neither are they of significance in trade with any of the other developing blocs so labour effects due to linkages appear to be negligible. The advantages of South-South trade may rather lie in the dynamic benefits that trade in higher technology goods provides. When scarce resources such as capital and professional labour are taken into account, it is found that labour demand is negative in net trade to all blocs. However, even without the problem of scarce resources, most blocs have a negative demand for labour in net trade. The indication is that with the present trade patterns, South Africa cannot expect trade to increase labour demand. Policy which could improve this situation would be to increase labour force skills, improve the flexibility of the labour market and develop sectors which are both more advanced as well as labour intensive. Despite the negative impact of trade on labour in general, it is found that trade does differ by direction and that for each labour type there are certain blocs where labour demand is positive. This is also the case in net trade for particular sectors. Such information could be used as part of a targeted trade policy to assist in the marketing of particular sectors in trade and also for increasing labour demand for certain labour groups.
- Full Text:
- Date Issued: 2005
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