Browsing by Author "Basson, Yvette"
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Item The dispute prevention and resolution systems in Namibia(University of the Western Cape, 2021) Devahoma-Indongo, Mirjam Nelao; Basson, YvetteThe 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.Item 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, YvetteOver 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.Item Relative poverty in female disability grant recipients in South Africa(St Cyril and St Methodius University Publishing House, 2021) Basson, YvetteIt 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.Item 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, YvetteThe 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.Item State obligations in international law related to the right to an adequate standard of living for persons with disabilities(University of the Western Cape, 2017) Basson, YvetteThe role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need.2 In addition, international law has recently turned to the issue of the rights of persons with disabilities, which includes the right to social security and an adequate standard of living. The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD)3 was adopted by the General Assembly in December 2006 and has become the primary international law instrument in realising the rights of persons with disabilities, including the right to an adequate standard of living.Item Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities(2021) Basson, YvetteThe United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to equality. The CRPD was signed and ratified by South Africa, and as such has become binding and requires implementation into the domestic legislation of the country. Article 5 of the CRPD provides generally for the principles of equality and non-discrimination of persons with disabilities. Article 6 then furthers this concept specifically for women with disabilities. The aim of this article is to determine whether the current legislative measures in place in South Africa, to realise the right to equality of women with disabilities, are compliant with international law. To this end, articles 5 and 6 of the CRPD along with the General Comments released by the Committee on the Rights of Persons with Disabilities will be analysed.