7490 research outputs found
Sort by
The right to parental leave for employees in same sex marriages
Get PDFThe Constitutional Court declared in the much-celebrated decision of Minister of Home Affairs v Fourie that it was discriminatory “for the state to deny same-sex couples the right to marry.” The Civil Union Act became effective in 2006, and notwithstanding the statute's title, it permits same-sex marriages. The latter made South Africa one of the few nations globally to approve same-sex marriage and the first one on the continent. In fact, the legislation permits same-sex, together with heterosexual individuals, to enter into legally binding unions, and both parties can elect whether to call the relationship a marriage or just a civil relationship. Regardless of the moniker chosen, the ramifications in law remain identical to those enumerated in the Marriage Act, permitting only relationships between individuals of opposite genders. A few years before the legalization of same-sex marriages, rulings from the courts and legislation recognized permanent partnerships between people of the same gender for certain reasons, yet there was no system in place that provided a platform for partnership registration. A number of court judgments have established that a parent's sexual orientation should not be a factor in custody determinations. In 2002, a court ruled in Du Toit v Minister of Welfare and Population Development that same-sex couples had the same rights to adopt children as married couples. This meant that same-sex couples were entitled to adopt children together and that any partner could adopt the children of the other. The Children's Act, which has since replaced the adoption legislation, makes it possible for spouses and "partners in a permanent domestic life partnership" of any sexual orientation to adopt. In the case MIA v Information Technology Agency (Pty) Ltd, the paucity of comprehensive provisions for parental leave in South African law emerged to the forefront. In this particular case, the worker and his spouse entered into a civil union pursuant to the Civil Union Act. They agreed to start their own family and engaged in an arrangement for surrogate motherhood. The worker agreed to carry out the birth-mother's usual responsibilities. In contemplation of their child's delivery, the worker approached his employer requesting four months of maternity leave. The employer denied the request for leave on the pretext that the worker was not the mother of the child by blood. The worker petitioned the Labour Court for a decree directing the employer to provide her with maternity leave, arguing that the employer's denial constituted discrimination based on gender, sex, family responsibilities, and sexual orientation. The court concurred and ruled that permission to go on leave be granted. The court declared that there should be no exceptions to maternity leave for women who performed the employee's obligations, and that the duration of such leave should be the same as that for a biological mother. The court also determined that the best interests of the child being born must be considered when determining a mother's eligibility for maternity leave. The Labour Court noted that South African laws lagged behind in other areas of social development and related legislation. By failing to include parental leave for all potential 'parents' in its 'family law', it failed to attain the Constitution's goals regarding the rights of children and parents. Amendments to the Civil Union Act and the Children's Act made it possible for individuals in same-sex relationships to adopt children or enter surrogacy agreements and become parents. Legislation still does not grant these parents the right to parental leave.Thesis (LLM) -- Faculty of Law, Department of Mercantile law (Labour Law), 202
An evaluation of supply chain stakeholder engagement in terms of customer specific requirements: a case study of an automotive supplier and the pressures around the automotive original equipment manufacturers’ (OEMs’) requirements
Get PDFThe central aim of this study was to assess the engagement of supply chain stakeholders, namely OEMs and an automotive supplier, in relation to customer-specific requirements. This objective was accomplished by identifying the communication methods employed by both parties for addressing customer-specific needs. Additionally, the study aimed to pinpoint the factors that promoted engagement between OEMs and automotive suppliers concerning these requirements. Conversely, it aimed to uncover the factors that hindered such engagement. Lastly, the research aimed to evaluate whether this engagement effectively alleviated the pressures faced by the automotive supplier regarding customer-specific requirements. The broader goal of the research was to comprehend how supply chain stakeholder engagement operated between OEMs and an automotive supplier with respect to customer-specific requirements. This was pursued through secondary objectives, which entailed examining how communication transpired between OEMs and an automotive supplier, the degree of participatory nature in this communication, the barriers and catalysts influencing customer-specific requirements, and whether this engagement mitigated the pressures borne by the automotive supplier. These objectives were instrumental in revealing opportunities for enhancing OEM communication, thereby positively contributing to their relationships with supply chain partners and mitigating the added burdens they faced. The research followed a qualitative case study design, utilizing semi-structured interviews to delve into the experiences of participants carefully selected from an automotive supplier. These participants were chosen based on their interactions with OEM customers, thereby providing pertinent insights into these interactions. Thematic analysis was employed for data analysis, uncovering codes, categories, and overarching themes from participants’ responses. The findings of the research highlighted certain consistent themes, shedding light on which communication methods were employed more frequently, as well as the rationale behind their usage. Notably, online platforms emerged as a popular channel, and daily communication was preferred. The research also revealed a recurring theme wherein OEMs assumed a controlling role, rather than fostering a mutually advantageous partnership in addressing issues. Additionally, communication barriers were observed in the use of online portals for communication by the automotive supplier. In these themes, variations were discerned in communication channels. These differences were rooted in participants’ responsibilities, decision-making authority, and designated roles. Consequently, the perception of communication channels varied among participants. However, similarities were also noted in the participants’ feedback regarding communication channels. The research highlighted the necessity for improved two-way communication and emphasized the need for a collaborative approach between OEMs and the automotive supplier, rather than a unilateral one. The research underscored an evident power imbalance between OEMs and the automotive supplier. In essence, the crux of a successful and mutually beneficial engagement between OEMs and the automotive supplier lies in transparent communication, adaptability, and a shared willingness to find solutions that cater to both sides. By focusing on these core principles, it is plausible to establish a scenario that benefits both parties and nurtures a robust and enduring partnership.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
Assessing zakat literacy levels among South African certified financial planner (CFP®) professionals
Get PDFZakat is important in Islam as it is one of the five pillars of the faith. Muslim individuals are required to give a portion of their wealth to those in need, serving as a means of wealth distribution and poverty alleviation. Given the annual obligation for qualifying Muslims to pay Zakat, possessing or having access to the essential knowledge of Zakat calculation is important to ensure accurate payment. Although existing research provides insights into Zakat calculations, it does not address which professionals or individuals can assist Muslims with their Zakat calculations. Muslim individuals without the capability to calculate their annual Zakat precisely are susceptible to unintentionally making incorrect payments. To address this risk, access to professional Islamic financial advice within the South African financial services industry becomes important. In this industry, the Certified Financial Planner (CFP®) designation stands as the highest globally recognised professional qualification in financial planning. CFP® professionals possess the potential to assist Muslim clients in the accurate calculation and payment of their annual Zakat. Given the lack of research attention focusing on Zakat literacy in South Africa, particularly within the financial planning profession; the primary objective of this study was to measure the Zakat literacy levels among South African CFP® professionals, recognising the significance of Zakat in Islam and the importance of providing Muslim individuals with the knowledge to accurately calculate their Zakat. A comprehensive literature review consisting of two literature chapters was undertaken to provide context and framework for the study. The first literature review focused on contextualising Zakat and Islamic finance in the financial services industry, an overview of Islamic finance within the financial services industry, and the nature and importance of Zakat for South African Muslims. This led to the second literature review, which examined Zakat and Zakat literacy. After conducting a comprehensive review of the literature, the Zakat literacy index utilised in this study was adapted from an Indonesian Zakat literacy index, integrating two dimensions of knowledge. The first dimension is the basic knowledge of Zakat, and the second dimension is advanced knowledge of Zakat. Each dimension of the BAZNAS ZLI consisted of five variables, namely general knowledge of Zakat, knowledge of the obligation to pay Zakat, knowledge of the eight Asnaf, knowledgeThesis (MCom) -- Faculty of Business and Economic Sciences, School of Management Sciences, 202
Regulation of sexual harassment at the workplace in Namibia
Get PDFMany Namibians are driven by the need for income and economic sustainability, pushing them to seek employment and make a living for themselves. However, what appears to be just participating in economic activities can be a risky and traumatic experience for some workers. For years, many have had to balance their job responsibilities while enduring discrimination, bullying, violence, and harassment in the workplace. Sexual harassment has been a major problem in the workplace, with women being the primary targets and victims. Studies have shown that gender inequality is one of the leading causes of sexual harassment in the workplace. Within the above context, this treatise aimed at answering to what extent Namibia's legislative framework regulates sexual harassment in the workplace. Namibia's legal framework was tested against the global instruments to answer the question. It was found that Namibia's legislative framework does regulate sexual harassment. However, some several gaps were identified. First, there is ambiguity and scope of legal definitions as the current definition of sexual harassment in section 5(7)(b) of the LA is not comprehensive enough. It fails to explicitly include both "quid pro quo" and "hostile environment" sexual harassment. This ambiguity could hinder victims' ability to seek justice and the legal system to prosecute offenders effectively. Second, there is an inefficacy of reporting structures, which is a significant barrier. Victims often face unclear and inefficient procedures, contributing to underreporting and unresolved cases. Developing straightforward, accessible, and efficient reporting mechanisms is crucial. Third, the absence of comprehensive workplace policies against sexual harassment exacerbates the issue. While developing a Code of Good Practice is positive, its implementation status and effectiveness remain uncertain. Another gap relates to the protection for whistleblowers and victims, as a lack of adequate legal protection for whistleblowers and witnesses discourages reporting. Strengthening legal protections can empower more individuals to come forward. The gaps identified were developed while comparing Namibia’s legislative framework to South Africa to determine whether lessons can be learned as it was found that lessons could be learned. Further recommendations is that Namibia should establish a single OHS legislation to address workplace sexual harassment by standardising policies and procedures across various industries, improving reporting standards to measure the occurrence of sexual harassment incidents, and developing a Code of Good Practice regulating sexual harassment. Lastly, it is acknowledged that Namibia's ratification of the Violence and Harassment Convention, 2019 (No. 190) is a welcomed development and shows a positive commitment in its intention to curb sexual violence in the workplace.Thesis (LLM) -- Faculty of Law, 202
The role of microfinance in women empowerment in Gqeberha, South Africa
Get PDFThis research studied the role of microfinance in women empowerment in Gqeberha, in Nelson Mandela Bay, Eastern Cape, South Africa. Various development strategies and approaches have been devised across the world, aimed at empowering women and eradicating poverty, particularly in developing countries. One of these development strategies is microfinance. Microfinance has provided financial assistance through loans to people, unable to access formal financial banks. Empowering women to participate fully in their economies is not only essential to building economies but to achieving the internationally agreed goals for development, human rights and sustainability. The inclusion of women empowerment and poverty alleviation in the Millennium Development Goals and Sustainable Development Goals demonstrates the importance of poverty alleviation (SDG1) and women empowerment (SDG5) in the development of economies across the world. This qualitative research study collected data, using semi-structured questionnaires and interviews with 30 beneficiaries of MFIs and three MFI managers in Gqeberha. The sampling method used were non-probability purposive sampling, and the data were analysed through content analysis and descriptive statistics. The results suggest that microfinance through micro-loans and micro-business loans has had a positive role in the empowerment of women through the ease of access to finance through small loans. However, a gap exists in the market for long-term loans which could aid with starting small businesses and give the beneficiary more financial independence, improving their livelihood. It is recommended that MFIs across Gqeberha offer loans in the form of start-up capital and financial advice or education.Thesis (MPhil) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
Investigating the link between government expenditure in tertiary education and income inequality in South Africa
Get PDFThis study examines the relationship between government expenditure in tertiary education and income inequality in South Africa between 1990 and 2021. The autoregressive distributed lag (ARDL) method was used in analysing this association. The study indicates that government in tertiary education has an inverse relationship with income inequality in South Africa. The study is underpinned by the work of economists like Smith (1776), Schultz (1961), Mincer (1957), Barker (1964) and Kuznets (1955). This study employed the conventional unit root test, applying the augmented Dickey-Fuller (ADF) and Phillips-Perron (PP) tests for stationarity. The results of this study show that there are both short and long run dynamics present in the estimated models. The Granger causality test found no causal relationship between government expenditure in higher education and income inequality. Following from this, this study recommends that the South African government continue to direct government spending towards higher education so as to reduce income inequality.Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
The linkages between film and tourism in Nelson Mandela Bay
Get PDFThis dissertation puts forward empirical research conducted about the linkages between film and tourism. The aim of the study is to explore the potential opportunities for tourism as a result of the utilisation of the tourism destination for film purposes. The destination is called Nelson Mandela Bay which is situated in the Eastern Cape of South Africa and comprises of Gqeberha, Kariega and Despatch. It is pertinent to note that in South Africa, the cities of Johannesburg, Cape Town, and Durban are successfully utilising film to promote tourism, however research conducted for government purposes indicates that Nelson Mandela Bay has not utilised this opportunity optimally. In this research a potential strategy for film and tourism in Nelson Mandela Bay is explored through evaluating best practices in Johannesburg, Cape Town, and Durban. This is against the background of international best practices which guide the tourism organisations involved with film in these cities. The research followed a qualitative research approach that utilised interviews and a subsequent focus group discussion to collect data. The findings clearly indicate that film and tourism linkages are present in NMB but that a strategy should be developed for consideration that would guide NMB in terms of capitalising on the relationship between film and tourism.Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
The role of sustainability perceptions of employees in corporate sustainability
Get PDFThe purpose of this study is to investigate the relationship between employees' perception of environmental sustainability and pro-environmental behaviour within the corporate business environment of South Africa and its influence on a company’s corporate sustainability efforts. The study will follow a case study approach involving the employees of a corporate state-owned company in the logistics industry of the Nelson Mandela Bay area. In doing so the study attempts to better understand why enterprises, in their attempts to promote corporate sustainability, face challenges in aligning their variety of sustainability strategies, policies, and initiatives with employees' willingness to implement these measures or engage in pro-environmental behaviour in the workplace. To delve deeper into this issue the study also explores potential reasons for differences in perceptions by examining potential correlations between perceptions of environmental sustainability and pro-environmental behaviour, considering demographic factors such as gender, age, education, and work experience. The collective findings of the study underscore a positive relationship between employees’ environmental perception and their engagement in pro-environmental behaviour. This suggests that individuals who express a higher degree of concern for environmental issues are more likely to adopt and engage in environmentally-friendly behaviours. However, a notable disconnect was identified between awareness and action, highlighting variability in the extent to which perception translates into active pro-environmental behaviour. While environmental perception serves as a strong motivator, there is evident room for improvement in translating these concerns into concrete actions within the corporate setting. These insights emphasise the importance of addressing both attitudes and behaviours in the context of environmental sustainability. Thus, to enhance corporate sustainability efforts, it is imperative for companies to bridge the gap between environmental perception and action among their employees. The demographic variables (gender, age, education, and work experience) showed no significant influence on environmental perception or pro-environmental behaviour in this study, however these empirical findings challenge common findings in the existent literature, thus emphasising the need for a more nuanced understanding of the subject, within specific contexts. Recommendations for future studies include: larger sample sizes for robust findings; exploration of the influence of academic disciplines; consideration of household income and cultural differences; and broadening the study to multiple departments in order to gather moreThesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
Numerical modelling of power law constants established through impression and micro-Uniaxial creep methods for service exposed A234WPB steel
Get PDFContinuous monitoring of creep life in materials operating at high temperatures and pressures is imperative to prevent catastrophic failures and ensure timely replacement of worn-out components in industrial plants. Small-scale creep testing methodologies offer a valuable means of assessing material creep life while preserving structural integrity. Motivated by the need for reliable methods in creep life assessment, this study aimed to investigate the creep properties of A234WPB material subjected to service conditions using Impression creep and micro-uniaxial creep testing techniques. The research questions focused on establishing power law constants through small-scale creep testing, validating these constants using numerical modelling, and assessing their practical implementation in predicting material creep life. Samples extracted from service-exposed A234WPB steel alloy underwent step-load impression creep tests and step-temperature micro-uniaxial creep tests to derive the power law creep equation. The determined stress exponent of 3.967 indicated that dislocation creep was the dominant creep-controlling mechanism at 520 °C. A numerical model, utilizing the established power law constants, demonstrated a strong correlation with experimental findings in steady-state creep rates. Furthermore, the conventional Monkman-Grant approach was employed to predict the remaining life of the service-exposed material using impression creep data. The predicted remaining life aligned with the scatter band of uniaxial rupture life on a Larson-Miller plot, highlighting the practical utility of impression creep and micro-uniaxial creep testing techniques in assessing creep life. This study contributes to the advancement of small-scale creep testing methods and underscores their potential for practical implementation in industrial settings, thereby enhancing the reliability and safety of high-temperature and high-pressure operations.Thesis (MEng) -- Faculty of Engineering, the Built Environment, and Technology, School of Engineering, 202
Project management deficiencies in construction implemented projects in the Eastern Cape
Get PDFThe problems that crop up in each project are unique to that project. They can also be avoided or minimised as inherent weaknesses. Project managers lack strategic considerations when running projects. This is primarily dependent on individuals’ implementation of project management. The concern is how project managers implementing construction projects can be corrected to remove management deficiencies. In recent years, project management has become an essential part of organisations. This is because of the changing nature of managing organisations due to technological advancement and a complex, competitive global marketplace (Nguyen, Nguyen, Le-Hoai & Dang, 2015). Projects require huge capital outlays. As such, it is crucial to have good project management practices to deliver value for money projects and programmes. Therefore, the importance of good project management practices cannot be ignored by corporate managers, as failure destroys shareholders’ value and, in the private sector, can significantly affect the various stakeholders associated with projects. However, studies indicate that companies in the private sector in the Eastern Cape sometimes fail to complete projects. (Fabian & Amir, 2015). Project management deficiencies in the Eastern Cape are as high as those of other provinces in South Africa, if not higher (Saad, 2022). The primary reasons for project management deficiencies are project planning failure, scope management failure, resource management failure, and communication management failure (Liu, Louw, Ngugi & Smith, 2011). Therefore, using different success and failure criteria, this study aims to measure the impact of project management deficiencies in communication management, project planning, scope change, and resource management. Project management deficiencies in construction projects implemented in recent years have been one of the topics most discussed by academics, practising managers, the private and public sectors, and many social commentators worldwide.Thesis (MSc) -- Faculty of Engineering, the Built Environment and Technology, School of Built Environment and Civil Engineering, 202