South East Academic Libraries System (SEALS)
Not a member yet
69550 research outputs found
Sort by
Public policy considerations and the enforcement of restraint of trade agreements.
Full text linkA restraint of trade is often incorporated into a contract of employment, stipulating that an employee is restricted from working in the same industry or sector as the employer for a specified period of time. Such a provision is aimed at protecting an employer's proprietary interests, such as trade connections and secrets, which may potentially benefit a competitor unfairly and unlawfully. In South Africa, the principles associated with restraints of trade are rooted in common law. The landmark judgment in Magna Alloys & Research (SA) (Pty) Ltd v Ellis clarified the legal position regarding agreements in restraint of trade in South Africa. Prior to the judgment, there were considerable differences in the approaches adopted by the courts in relation to provisions in restraint. These differences primarily centered around the Roman-Dutch law notion, which holds that contracts voluntarily entered into ought to be honored (pacta sunt servanda), and the English law approach that contracts in restraint of trade are prima facie unenforceable. The court in Magna held that the position in South Africa with regard to agreements in restraint of trade is that each agreement should be examined with regard to its own circumstances to determine whether the enforcement of such an agreement would be contrary to public policy. This means that while restraints of trade are generally enforceable, they must be reasonable and not against the public interest. The reasonableness of the restraint is assessed based on factors such as the duration and geographic scope of the restraint, the nature of the employee’s role, and the interests of the employer that the restraint seeks to protect..Thesis (LLM) -- Faculty of Law, Department of Mercantile law (Labour Law), 202
Balancing an educator’s right to strike and a child’s right to basic education.
Full text linkThis thesis examines how a fair balance can be realised between the educator’s right to strike and the child’s right to education. International and constitutional frameworks are analysed to uncover South Africa’s position on the two opposing rights and the various balancing approaches available. The study recommends a consensus-based approach to balance the rights of educators with that of the child’s right to education. It further proposes the establishment of a structured and organised forum or institution with the sole purpose of dealing with the rights of educators that compete with the rights of learners.Thesis (LLD) -- Faculty of Law, Department of Mercantile law, 202
The perceived impact of subject choice on no-fee high schools and learners in Nelson Mandela Bay
Full text linkThe type of high school students attend, the subjects they complete in Grade 12, and the level of intellectual, emotional, and physical resources they can access in their home environments can impact a learner’s post-school education and training (PSET) success. Subject choice has been identified as one of the factors influencing the extent of learners’ opportunities at the further education and training (FET) level and later also at the PSET level. This study explored the perceived impact of learners’ subject-choice decisions at no-fee high schools in Nelson Mandela Bay. Systems theory, including systems thinking and supply chain management, and choice theory were used in exploring subject choice in the education service supply chain system. The degree to which subject choice was a limiter or expander of a learner’s options when moving from a high school to a post-school environment was explored. A qualitative exploratory, descriptive approach was used to assess subject choice processes in the education supply chain system. Convenience and purposive sampling were used to recruit nine participants from three no-fee high schools in Nelson Mandela Bay. Data was collected through open-ended individual interviews and analysed using thematic analysis. Four main themes emerged from the data analysis: Challenges, Power, Resources, and Fear of Failure.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
Resignation in employment Law
Full text linkThis treatise provides a comprehensive analysis of the legal framework governing resignations in South Africa. It examines the statutory provisions, regulations, and general principles that underpin employment termination, with a focus on voluntary resignation, constructive dismissal, and termination during disciplinary proceedings. Through an analysis of important case law, the treatise explores the practical challenges and legal ambiguities employers and employees face when navigating the resignation process. The treatise also conducts a detailed comparative legal analysis of resignation laws, focusing on the United Kingdom’s approach and how it contrasts with and could potentially inform legal practices in South Africa. Based on the findings, the treatise proposes several recommendations for improving the legal framework governing resignations in South Africa, including enacting clearer statutory guidelines, encouraging consistent judicial rulings, adopting best practices from the United Kingdom’s legal system, and facilitating stakeholder engagement. By implementing these recommendations, South Africa can create a more coherent legal framework for resignations, promoting fairness, certainty, and efficiency in employer-employee relations.Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 202
Barriers that prevent effective implementation of physical asset management in a ferrochrome smelter
Full text linkThe systematic management of fixed assets, such as equipment, vehicles, machinery, and buildings, is referred to as physical asset management. Effective physical asset management helps equipment intensive organisations, such as smelters, to obtain the most value from their assets, while reducing the risks associated with their ownership and operation of these assets. Physical asset management ensures that assets are safe, cost-efficient, reliable, compliant with relevant regulations and standards. The primary objective of this study was to investigate barriers that prevent the effective implementation of physical asset management in the ferrochrome smelter environment. The researcher used the qualitative phenomenological approach to conduct the study with 12 participants selected for the study and data collected through in-depth interviews, to achieve the study’s objectives. The collected qualitative data was analysed and emerging themes from the data were presented. The findings of the study established several barriers that hinder or prevent effective implementation of physical asset management within a smelter environment. Issues, such as risk assessment, competencies, awareness and training were found to have a major impact on the effectiveness of the physical asset management system. The study offered recommendations, such as the generation of an asset specific risk management strategy to manage the risks associated with physical assets. Continuous training and development for the workforce remain effective in delivering the objectives of a physical asset management system. The recommendations proposed to the organisation in this study, can be used as a guide to help the top leadership in decision making and developing a future asset management policy, strategy, and objectives. Periodic management reviews are essential in addressing challenges relating to the physical asset management system.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
The impact of covid-19 on SMEs: a case study of the pay-TV installation sector in Johannesburg
Full text linkSmall, Medium and Micro Enterprises (SMMES), generally abbreviated as SMEs, are enterprises that have revenues, assets or number of employees that are below a certain level. Each country applies an industry-specific criteria when determining enterprises that meet the definition of an SME (Ward, 2020). According to Faye and Goldblum (2022), SMEs are essential employers, and they are vital in job creation. In creating jobs, SMEs thus, contribute to alleviation of poverty and this leads to an improvement in the standards of living of a country’s inhabitants. Through improved employment levels from job creation contributed by SMEs, a country’s economy also grows. The COVID-19 pandemic has resulted to extensive job losses in developing countries because many SMEs contracted their workforce during the pandemic (Faye & Goldblum, 2022). Many non-essential service businesses were prohibited from operating during the pandemic. Governments around the world introduced strict measures to contain the impact of the coronavirus and these included restrictions on travel, business operations and face-to-face interactions (Organisation for Economic Co-operation and Development, 2020). The president of South Africa announced that people needed work permits that would allow them to go to work if they were essential workers, or provided essential services if they were self-employed (Pretorius, 2020). This is how strict the restrictions were, thereby completely blocking non-essential service SMEs from operating. Hence, the objective of the study was to determine the impact of COVID-19 on the Pay TV installation sector in Johannesburg and inferences were made for SMEs in general, with regards to how they were impacted by the COVID-19 pandemic. Based on the research primary and secondary objectives, literature review was conducted, identifying the contribution of SMEs on a country’s social status and economic growth. Other aspects that were reviewed in existing literature included but not limited to factors that contribute to the success and failure of SMEs, challenges faced by SMEs in South Africa, SMEs resilience at times of crises and impact of COVID-19 on SMEs. The study followed a qualitative research approach, and six open-ended questions were asked during the interviews with participants. The aim was to allow participants to express themselves genuinely and authentically to gain a better insight of the impact of COVID-19 on SMEs.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
An online model for an agriculture retailer
Full text linkThe advent of the digital age provided businesses with new opportunities and ways of doing business digitally. Digital commerce encompasses many aspects, one of which is electronic commerce (e-commerce). Due to the rise of e-commerce, the retail industry specifically has undergone a significant transformation, with e-commerce offering new business models to companies. E-commerce retailers like Amazon, TakeAlot, eBay, and Alibaba have successfully developed online stores and disrupted the traditional face-to-face retail trade. Brick-and-mortar retailers, once the dominant force, now find themselves in an increasingly competitive environment. The agriculture retail sector is no different and new disruptions and opportunities caused by e-commerce necessitated the agriculture retail sector to also consider e-commerce’s impact and implement changes where necessary. The COVID-19 pandemic further disrupted the traditional methods of doing business due to lockdowns and social distancing measures implemented by governments globally. COVID-19’s impact along with a changing business environment, inclined an agriculture retailer in South Africa, the Humansdorpse Landbou Koöperasie, trading as The Co-Op, to explore e-commerce as a new business model to support and enhance their customers purchasing experience. The aim of this study is to determine the factors that influence the adoption of an online model for an agriculture retailer in South Africa. A literature review on e-commerce and the agriculture retail sector was conducted, and from the literature a conceptual model was proposed, which identified the main factors that influence the adoption of an online model for an agriculture retailer. A questionnaire was developed and translated into three languages - Afrikaans, English and IsiXhosa - and distributed to customers of The Co-Op. The results obtained from the questionnaire were statistically analysed. After conducting correlation and Chi-Square tests the relationship between the identified independent factors and the dependent factor was determined. The study identified that the independent factors of: Acceptance of Internet Technology, Online Shopping, Delivery, Methods of Payment, and Product Range positively influence the dependent factor, the Co-Op Online Shopping and thus the adoption thereof. The study thus confirmed the need for an online model for The Co-Op. The study contributes theoretically by discussing agriculture retail and technology acceptance within the realm of the Technology Acceptance Model and the Theory of Planned Behaviour. The study’s practical contribution includes a tested hypothesised model that can be used for future research by other agriculture retailers. Additionally, research on this topic can be expanded to other agricultural retailers in South Africa and Africa.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
The linkages between film and tourism in Nelson Mandela Bay
Full text linkThis 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
Effects of foreign capital inflows on human development in Ghana and the mediating role of institutional quality
Full text linkThe issue of financing for human development has been crucial for governments and stakeholders. The financing mechanisms for human development have been broadly categorised into domestic and foreign. The foreign capital inflows are to complement domestic resources for development. However, despite the heterogeneity of past studies, several studies have proved that with adequate institutional quality, an inflow of finance can positively impact human development. This study sought to examine the effect of foreign capital inflows on human development and the role of institutional quality in Ghana using partial least square structural equation modelling (PLS-SEM) on selected quartered secondary data from 1996 to 2020, primarily incorporating World Development Indicators (WDI) and World Governance Indicators (WGI). It reveals firstly that foreign capital inflows have significant positive influence on institutional quality in Ghana; secondly, institutional quality has insignificant positive effects on human development; thirdly, the direct effects of foreign capital inflows on human development are negative and insignificant. Finally, the effects of foreign capital inflows on human development are not mediated by institutional quality despite the positive effects of institutional quality. The study concludes that institutional quality does not mediate between the effects of foreign capital inflows and human development in Ghana. However, this study recommends that the government design and implement appropriate policies to create an enabling environment to strengthen institutions and regulations while attracting foreign capital as a supplementary source of domestic investment to enhance human development.Thesis (MPhil) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
Teaching comprehensive sexuality education in a traumatized society: recognizing teachers as sexual, reproductive, and mental health frontline workers
Full text linkResearch on school-based sexuality education in South Africa, taught within Life Orientation (LO), has mainly focused on learners’ responses, how teachers approach the subject, and the curriculum content. Critiques have included heteronormative biases, an emphasis on danger, disease and damage, a reinforcement of gendered binaries, and the lack of pleasure or well-being discourses. In contrast, our research focused on the unexpected moments teachers experience, i.e., the ethical, emotional or psychological challenges they encounter in their interactions with learners