Department of Mercantile and Labour Law

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https://hdl.handle.net/10566/1646
The Department of Mercantile and Labour Law introduces students to the world of commercial and business law. The Department’s focus is on developing student and staffs’ critical thinking skills and supplying them with practical, transferable capabilities to positively contribute to the legal profession or corporate field.

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Browsing by Author "Basson, Yvette"

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    The dispute prevention and resolution systems in Namibia
    (University of the Western Cape, 2021) Devahoma-Indongo, Mirjam Nelao; Basson, Yvette
    The resolution of disputes, including unfair dismissal disputes under the Labour Act 2007 is being criticised for being too complex, inefficient, protracted, expensive, and highly legalistic. This thesis would denote that the provision of proactive and expeditious dispute resolution systems helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The ultimate goal is to ensure that the legal framework regulating the labour dispute system in Namibia assures the use of alternative dispute resolution (ADR) of its credibility, thereby creating confidence and enabling stakeholders to trust the system. Ideally, disputes should be resolved at the conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. The Office of the Labour Commissioner must be independent of the state, since the state is the largest employer, to ensure the stakeholders trust the system. However, it has been established that there are gaps between the legal framework relating to labour dispute resolution and the application of laws and regulations in practice, making the attainment of effective and efficient labour dispute resolution difficult. Therefore, the thesis will analyse the ADR in Namibia to finding out if the system is sufficient and appropriate for society’s need and to provide a recommendation for the system that is a quicker, equitable, and amicable way of resolving the disputes outside the courts through conciliation and arbitration.
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    The Effect of Social Media on the Employment Relationship: Can an employer use a social media post by an employee to initiate disciplinary proceedings against that employee with a view to dismissal?
    (University of the Western Cape, 2021) Stungwa, Unathi; Basson, Yvette
    Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees have shared some of their unpleasant experiences with their employers, some have expressed their grievances and in other situations have posted on social media platforms how unfairly they feel they are treated by their employers. There is very little scholarly research in South Africa on the discussion on the use of social media and how it affects the employment relationship that exists between the employer and employee as well as how it may affect the relationship that exists between colleagues. The main objective of this research is to establish whether there is a fair reason to dismiss an employee based on what they post on their personal social media platforms, and to understand when and how the right to privacy can be limited. The aim of this research is to find whether there are any shortcomings in the South African labour laws that social media has opened in our laws with regards to the employment relationship and the use of social media, if there are any shortcomings will recommend how the said shortcomings can be addressed.
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    Relative poverty in female disability grant recipients in South Africa
    (St Cyril and St Methodius University Publishing House, 2021) Basson, Yvette
    It is a well-established fact that adequate social security measures are used as a tool to allow persons a measure of financial security and support in the event of certain contingencies. Historically, disability has been one of the “core” contingencies, which is covered by social security schemes. The purpose of social security in providing for this contingency is to compensate for income lost or reduced as a result of disability. The fact that more women in South Africa have disabilities than men leads to the conclusion that women with disabilities are more negatively affected by poverty than men with disabilities. This in turn makes a woman with a disability more likely to be dependent on the disability grant than a man with a disability. The link between gender, disability and poverty will be discussed to illustrate the socio-economic position of female disability grant recipients in comparison to male disability grant recipients. This article will address the relative poverty of female disability grant recipients and make recommendations to address this relative poverty.
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    The right to an adequate standard of living in the protocol to the African charter on human and peoples' rights on the rights of persons with disabilities in Africa
    (Pretoria University Law Press, 2019) Basson, Yvette
    The Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa (African Disability Protocol)was adopted by the African Union (AU) on 29 January 2018.1 The primary purpose of this instrument is to ‘promote, protect and ensure the full and equal enjoyment of all human and people’s rights by all persons with disabilities’ on the African continent.2 The Protocol is thus potentially an important step forward in the achievement of equal rights by persons with disabilities in Africa.