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This now well established labour law text has been updated to reflect the law as of September 2017.
Labour Law Rules has provided a highly accessible text on labour, equity, social security and skills development laws over many years. It discusses these laws against a background of the country supporting the principle of ‘decent work,’ high unemployment, the insufficient creation of sustainable and decent jobs, and income inequality, all exacerbated by an increase in atypical work, skills shortages, as well as insufficient enforcement of laws.
If you have an interest in law and politics, South Africa’s political economy and the processes of policy-making in a parliamentary context, this is an essential read.
The advancement of black South Africans in ownership and management in the private sector is growing steadily. This growth is aided by government scorecard that penalise corporations that fail to include black people in senior positions and management. Some claim that this process will lead to a more fair, less racially biased economy. But will this transform the basic structure of the economy to benefit the people as a whole? Changing The Colour Of Capital unpacks the fundamental character of the South African economy and examines the relationship between the political system and the economy.
Contributors include Trevor Manuel, Rob Davies, Jeremy Cronin, Ben Turok, Philisiwe Buthelezi, Adekeye Adebajo, Enver Daniels, Cassius Lubisi and Richard Levin.
Labour Relations in South Africa provides a thorough, engaging introduction to the science and practice of labour relations in South Africa. The fifth edition presents a more critical and reflective approach, engaging with the various issues, shifts, and seismic events which have impacted this dynamic field in recent years. The text's view is expanded to encompass a multi-faceted perspective, relating to business science, law, economics, and sociology, and to focus more specifically on the context and dynamics of a developing country.
Human Resource Management in Government: A South African Perspective On Theories, Politics And Processes explores the many facets of the employment relationship within government institutions.
These activities include strategic employment processes, such as talent management, trade union interactions, compensation, human resource governance (metrics) and the future of human resource management.
South Africa's pioneer and foremost thinker and voice on Black Economic Advancement, Phinda Mzwakhe Madi, is back with a bang. His first book, Affirmative Action in Corporate South Africa, triggered the first wave of Affirmative Action programmes in the country. His follow up book, Black Economic Empowerment in the New South Africa, led to the formation of the BEE Commission and eventually the creation of the country's policy and codes of good practice. Now his third book in the trilogy, BEE 20 years later - The Baby and the Bathwater, evaluates progress so far and startles with its fresh perspective on the way forward.
Twenty years after the introduction of BEE, Madi’s view is that the time for follow-up and reflection has come. Clear trends and lessons can now be discerned and learned from. He contends that there is an unfortunate narrative that is gaining currency in South Africa generally and the corporate world in particular, as well as numerous sections of civil society, that BEE has been nothing but a smoke and mirrors initiative towards oligarchy, hence his chosen title: BEE 20 years later - The Baby and The Bathwater.
He believes that, having been the first black author to have written on this subject, he has a unique view of the evolution of the process. As a black entrepreneur himself and a director of various top listed companies with a total combined turnover of more than R90bn, he not only has a conceptual and academic understanding of the subject matter, but also has an insider’s view and experience.
As the title suggests, there is now a tendency to want to ‘throw the baby out with the bathwater’. His book argues that we need to make a very clear distinction between the bouncing baby and the (at times) dirty bathwater. The book analyses both the bouncing baby and the unfortunate dirt and grime that covers the bathwater. It makes a very frank, clinical and yet balanced argument on how this distinction needs to be made, as well as why and how we should all ensure that the baby both survives and thrives going forward, whilst getting rid of the ugly side of BEE - the dirty bathwater. But more importantly, he examines how to restore the credibility of this process so that it truly and genuinely moves away from just being seen as the enrichment of the few and lives true to its promise: the economic empowerment of the many.
Featuring conversations with prominent Entrepreneurs, Business People and Thought Leaders: Herman Mashaba; Peter Vundla; Richard Maponya; Gaby Magomola; Thami Mazwai; Leon Louw; Joe Hlongwane; Vusi Thembekwayo; Sandile Zungu; Koko Khumalo; Mandla Malinga; Themba Dlamini; Lawrence Mavundla; Khanyi Kweyama.
This work is an introductory guide for students of labour relations and managerial studies. This edition retains explanations of the procedures and processes encountered in this field, including parties to an employment-relations system, individual and
The new edition of Everyone's Guide To Labour Law aims to assist employers and employees in respect of their rights, duties and obligations in most labour-related matters, and deals with the relevant legislation, the most common pitfalls, and the processes and procedures that must be followed in the event of a problem.
Practical examples provide clarity and better understanding.
Labour law rules! is a book designed primarily as an introductory text for students encountering labour law for the first time, whether their goal is a law degree or some other discipline involving a basic knowledge of the labour relations regulatory regime in South Africa. In the past two years, since publication of the first edition of Labour law rules!, some significant events took place which impacted on labour law, resulting in a number of changes proposed to reform labour law. The new edition of Labour law rules! aims to lay a sound and up to date foundation of basic labour law rules which will enable students to be empowered to assist in shaping the future working environment and laws of the country.
The worst nightmares of the oil and gas pipeline industry are coming true in the United States.High-pressure natural gas pipelines run underground through many suburban areas as part of the network providing fuel to homes and businesses. This infrastructure poses an immense, but insufficiently recognised, threat to the general public. In 2010, one of these pipelines ruptured in San Bruno, a suburb of San Francisco adjacent to the international airport. The result was a massive explosion and fire in which eight people died, many were injured, and 38 homes were destroyed. This possibility haunts many cities around the world.Coincidentally in the same year, another worst-case scenario came true, near Marshall, in the state of Michigan. A pipeline rupture released vast quantities of oily sludge into a local river system. The smell was so offensive that many nearby residents were forced to sell their homes and get out. The clean-up cost the pipeline owner more than a billion dollars, making it the most expensive oil spill on land in US history.This book examines the causes of these two events. It argues that, although they were profoundly surprising to the companies concerned, from a broader perspective they were no surprise at all, stemming as they did from well-known human, organisational and regulatory failures. In particular, we emphasise two contrasting but equally flawed approaches to prevention of rare but catastrophic events.Fantasy planningCompanies often try to convince themselves, regulators and members of the public that they have the relevant hazards under control because they have elaborate plans to deal with them. When it comes to the point, these plans turn out to be wildly optimistic and full of unjustified assumptions and inaccurate data. Their function is symbolic rather than instrumental - that is, they serve as statements that the hazard is under control, rather than as real instruments of control. Fantasy planning was very evident in both accidents.Black swansThe second approach adopts the currently fashionable "black swan" metaphor. In Europe, historically, all swans are white, and Europeans could not conceive of a black swan - until they discovered Australia. In the 21st century, the concept of a black swan has taken on new meaning - a rare event with major impact, quite unpredictable at the time, although possibly explicable in hindsight. Nowadays, major industrial accidents, such as the blowout in the Gulf of Mexico in 2010, are sometimes referred to as black swans. But here the analogy breaks down. Black swans were unforeseeable to Europeans. Major accidents are not unforeseeable to risk analysts. In fact, it is their responsibility to foresee them and to put in place barriers against them. Accidents occur when those barriers fail. The metaphor is therefore wrong. In fact, it seems to be nothing more than a contemporary version of the idea that major accidents are inevitable - the 'stuff happens' view of risk management.Integrity managementThese two concepts shed new light on why integrity management is so difficult to get right and also how it can be improved. We hope that those in positions of responsibility in companies that have responsibility for hazardous facilities will feel the need to scrutinise their own integrity management systems with these absurdities in mind. The major failings we have identified provide valuable lessons for all organisations that use risk assessments to manage and prioritise routine activities.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.
'Vulnerable workers' have not been adequately defined in South African jurisprudence, although they have been referred to in case law, and consequently the nature and scope of this concept remains unclear. There are also different categories of vulnerable workers in South Africa. This book introduces students and practitioners to the law and to the practical problems experienced by vulnerable South African workers: those suffering from depression or post-traumatic stress disorder, those who are discriminated against based on their weight or their appearance, those who have been bullied at work, or those who may have opted for gender reassignment. Marginalisation and other forms of prejudice against these workers are well known, but the manner in which we address these issues is not clear. Several other categories of workers, such as the sexually harassed, those living with AIDS, foreign workers, and sex workers may also be seen to be vulnerable (especially in the context of South Africa's history). Vulnerable Employees guides the reader through the basic principles of the law pertaining to the different categories of workers, and offers insight and guidance on the management of these individuals. The book sheds light on the most significant case law and applicable legislation, and proposes draft policies, where applicable. Complex concepts and legal and other relevant principles are explained simply and clearly, without using unnecessary and complex legal jargon. This makes Vulnerable Employees a suitable book for students, for those who provide general advice and assistance to vulnerable workers or their employers, and for those needing to apply this knowledge in a business environment.
Supervising Safety is about the implementation of safety measures in an organisation. The book looks at safety theory where it makes the most difference - as it is applied in the workplace. Safety officers are central to the practical application of safety, and their role is clearly spelt out. The goals of the safety supervisor are outlines and one chapter is devoted to the role of ergonomics in the workplace. Readers are also shown how to identify and evaluate hazards in the workplace, develop an employee safety programme and safely handle materials in storage. This book includes: Clearly defined learning outcomes at the start of each chapter to help readers navigate the contents; Self-assessment questions at the end of each chapter to test the reader's understanding of the material; Examples relevant to the South African business environment.
Guardian's Best Non-Fiction, 2019 The Tablet's Highlights of 2019 Personality tests. Team-building exercises. Forced Fun. Desktop surveillance. Open-plan offices. Acronyms. Diminishing job security. Hot desking. Pointless perks. Hackathons. If any of the above sound familiar, welcome to the modern economy. In this hilarious, but deadly serious book, bestselling author Dan Lyons looks at how the world of work has slowly morphed from one of unions and steady career progression to a dystopia made of bean bags and unpaid internships. And that's the 'good' jobs... With the same wit that made Disrupted an international bestseller, Lyons shows how the hypocrisy of Silicon Valley has now been exported globally to a job near you. Even low-grade employees are now expected to view their jobs with a cult-like fervour, despite diminishing prospects of promotion. From the gig economy to the new digital oligarchs, Lyons deliciously roasts the new work climate, while asking what can be done to recoup some sanity and dignity for the expanding class of middle-class serfs.
Understanding the skills development act contains an accessible, non-legalistic commentary on the skills development act, which promotes the advancement of the skills of the South African workforce. The act is systematically covered with FAQs and key point summaries to aid understanding. The 2nd edition includes: Explanations of the major re-alignments of the legislation including extensions to the SETA landscape and National Skills Development Strategy (NSDS) III; Analysis of the current SETA regulations on mandatory and discretionary grants; The structures created by the National Qualifications Framework Act: SAQA, quality council for trade & occupations and National artisan moderation body; An explanation of the National Skills Authority role and potential developments to the SETA landscape and NSDS post March 2018.
Practical advice on all stages of arbitration, from the pre-arbitration stage to the issuing of the award are covered as well as the basic legal principles concerning disputes over alleged unfair dismissal, the basics of the law of evidence and how to prepare for and present a case at arbitration. In addition to this there are sections on the pitfalls of the law of evidence, applications for condonation and reviews – these often being the very issues on which the Labour Court so often sees applicants in review applications being tripped up. Furthermore, a discussion on unfair labour practice arbitrations has been included. No labour law practitioner or trade union representative should be without this book.
The investigations of accidents and incidents is a core part of the field of safety management and this book sees a discussion of accidents and incidents and the legislation relevant to preventing, investigating and reporting these incidents. The author also takes a look at accident causation theories, accidents and their effects, accident prevention and reporting. The economic impact of accidents and incidents warrants a commitment to understanding and preventing these accidents and incidents and this book provides the knowledge with which this can be achieved.
Unfair Discrimination in the Workplace cogently explains the meaning of unfair discrimination and the law on harassment and medical, HIV and psychological testing. The book analyses employer liability for employee discrimination, dispute resolution, prevention of unfair discrimination, the legal defences to a claim of unfair discrimination, and gives examples of dispute resolution procedures. Chapters set out the labour law, constitutional law and international codes for each topic covered in the book. The reader is provided with extracts from case law, conventions and codes of good practice grouped with each type of unfair discrimination. Unfair Discrimination in the Workplace also contains relevant case studies which illustrate commonly encountered discrimination problems and their practical solutions. The amendments to the EEA are taken into account. An extract from the February 2014 draft regulations to the EEA is provided as an Appendix to the book.
This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance. Drawing on both field studies and innovative theoretical perspectives, the contributors reveal an emerging consensus that labour regulation is neither negative nor positive for economic and social outcomes. By comparing the concerns and methodologies of various disciplines, they argue that balanced regulation is essential. Following analysis of how the global financial crisis has increased labour market segmentation, the book addresses the needs of key groups often at the periphery, including young women, workers in the informal economy, migrants and home-care workers. The book argues that effective and efficient labour market regulation can contribute to achieving key policy goals of the formalization of employment and inclusive labour markets, while also pursuing equitable distribution. An important comparative work, academics and students - particularly those studying law, economics, political science, international relations and development studies - will find this book to be of exceptional value. Practitioners and policy-makers from both developed and developing countries will also benefit from the wide range of perspectives.
The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as `vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.
Highly valued by its citizens, the European social model is a defining feature of Europe and the European Union yet is under threat from the effects of both globalisation and the aftermath of the financial crisis. The Sustainability of the European Social Model addresses this issue in light of the current crisis that changed the landscape. It examines how social Europe responds to uncertainties that affect its development from a range of different disciplinary perspectives. The book begins by analysing interactions between EU law and national policies from a comparative perspective, highlighting the legal, social and institutional complexities that constrain the development of `social Europe' It assesses the sustainablibity of EU law and policies in the areas of pensions and employment policy and then focuses on two crucial areas of EU social policy: the regulations on working time and the provisions of social services of general interest. The expert contributors compare the experiences of a range of Member States (and also bring in external comparison) to explore topics such as ageing, job quality, social protection and employment policies, social dialogue and the relationship between the various methods of European policymaking such as the 'community method' and the Open Method of Co-ordination. The analyses show that sustainability of the European social model will depend heavily on addressing failings in European governance. Insightful and comprehensive, this book is a detailed and timely resource for academic researchers. Its practical, policy-oriented insights into important issues in social and employment policy, as well as into European policymaking itself, will also be of great interest to practitioners and policymakers.
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