Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 19 of 19 for “"Unfair Discrimination"”.
-
Equality at Work with the Focus on Unequal Pay for Work of Equal Value
… The Constitution guards against unequal and unfair treatment of workers by their employers in the workplace. Section 23(1) of the Constitution of the Republic of South Africa, 1996 (hereinafter “the Constitution”) states that everyone has a right to fair labour practices. These fair labour …
-
A Third Gender in South Africa: Does the legal non-recognition of a third gender violate non-binary transgender person's Constitutional rights to dignity and equality?
… right to dignity in s10 and the prohibition of unfair discrimination in s9 of the South African Constitution, the State must recognise in law a third gender for transgender individuals who do not identify as either male or female. It does so, first, by asking whether the failure by the state to …
-
Children's constructions of gender, power, and adult occupation
… oppositional or not oppositional, as a source of unfair discrimination or not a source of discrimination, and lastly whether or not they construct gender as a source of power. Further, the mechanisms used in children's constructions are explored. This thesis investigates children's constructions …
-
A critical analysis of the law on sexual harassment in the workplace in South Africa in a comparative perspective
… treatment, disrespect, abuse of trust and unfair discrimination from a negative aspect. The overlap between equality and dignity as founding values of the Constitution, constitutionally entrenched rights, and values underpinning the limitation clause in the Constitution is explored with a …
-
Enhancing workplace inclusion for persons with disabilities in South Africa
… stigma, educational inequities, and workplace discrimination. Despite legal frameworks like the Employment Equity Act (EEA) and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), implementation gaps persist, limiting the practical impact of these laws. The study …
-
An analysis of the children’s act 38 of 2005: has it improved the position of unmarried fathers?
… determine whether the differentiation amounts to unfair discrimination. It examines the various pieces of legislation which have been passed up until the enactment of the Children’s Act 38 of 2005 to determine whether true progress has been made. It further examines issues faced by the judiciary …
-
Overcoming the Penrose Stairs of history: the legislated treatment of the 'designated groups' within a hierarchy of discrimination approach
… equal opportunity, fair treatment and eliminate unfair discrimination yet cannot unshackle itself from the very types of racial identifiers that it wishes to have eliminated. This paper is an attempt to give greater content and context to the purpose of Employment Equity than the few sentences …
-
Medical negligence as novus actus interveniens: an analysis of the South African delictual jurisprudence
… cases. The proposed research hopes to expose unfair discrimination against the victim of medical negligence through its analysis of the courts‘ approach in medical negligence claims. The approach used by the courts will be critically analysed to determine whether the degree of legal or …
-
The rights and best interests of children conceived through rape: the missing maintenance of rapist fathers in South Africa
… on the manner of conception raises concerns of unfair discrimination. Due to these consequences, amendments to the Children's Act and Maintenance Act are necessary to ensure maintenance obligations from rapist fathers, irrespective of the child's birth status. By analysing international and …
-
Hate speech under the South African Constitution: How should South African Courts interpret ‘incitement to cause harm'
… of the Promotion of Equality and Prevention of Unfair Discrimination Act which gives effect to the right. Lastly, I return to South African domestic law to see whether incitement to cause harm can be determined by resorting to its meaning in South African criminal law to regulate the extreme …
-
An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing
… of adequate housing, mass forced evictions and unfair discrimination in the allocation of housing facilities by government. There is therefore an existing need to compel government to comply with and fulfil its international legal obligations relating to the right of every person to have access …
-
Unintended consequences of legislation : an inquiry into the constitutionality of Section 194 of the Labour Relations Act
… measure will always create a prima facie case of unfair discrimination on the grounds of race and gender - at least in our country's current economic circumstances. The essential point is that differentiation on the ground of remuneration is inherently indirectly discriminatory, and will, …
-
Polygraph testing in the workplace in South Africa : with reflections on the international labour organization standards, United States of America and Federal Republic of Germany
… in employment. In particular, it can amount to unfair discrimination. Failing a test or simple refusal to submit to one does not constitute a fair reason for dismissal for misconduct. The ILO states explicitly that polygraph testing should not be used under any circumstances. The United States …
-
Polygraph testing in the workplace in South Africa with reflections on the international labour organization standards, United States of America and Federal Republic of Germany
… in employment. In particular, it can amount to unfair discrimination. Failing a test or simple refusal to submit to one does not constitute a fair reason for dismissal for misconduct. The ILO states explicitly that polygraph testing should not be used under any circumstances. The United States …
-
Freedom of Association, the right to organize and collective bargaining in the Namibian Correctional Service: recommendations for law reform
… are vulnerable and prone to abuse in terms of unfair discrimination relating to promotion and remuneration; unfair dismissals, poor disciplinary and grievance procedures; poor employment conditions; poor working environment/conditions, and exploitation by the employer due to lack of collective …
-
The representation of persons with disabilities in the South African workforce
This dissertation will examine the ways in which the South African government includes persons with disabilities in the workforce. According to the Commission for Employment Equity, the current statistics show that only about 1% of persons with disabilities are represented on all levels of …
-
Conflict or co-operation : an examination of the South African Constitution and the church
… before the law and that there should be no unfair discrimination based on the listed grounds. These are compatible with fairness and with Christianity. Christians can play an important role in clarifying the respective roles of the church and state. They can also seek to exercise a positive …
-
Consent to minor customary marriages perpetuates abuse towards african girls and women in south africa
… significant in the overall considerations of discrimination, this research did not examine this age difference in detail. That parental consent to minors' marriages applies to minor civil and customary marriages, regulated by the Marriage Act1 and Recognition of Customary Marriages Act2 …
-
The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated …