Incapacity, disability and dismissal : the implications for South African labour jurisprudence

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dc.contributor.advisorBosch, Craig
dc.contributor.authorHoskins, Jonathan Mark
dc.contributor.otherDept. of Public Law and Jurisprudence
dc.contributor.otherFaculty of Law
dc.date.accessioned2013-07-26T07:18:26Z
dc.date.accessioned2024-11-06T12:50:54Z
dc.date.available2012/03/15 15:46
dc.date.available2012/03/15
dc.date.available2013-07-26T07:18:26Z
dc.date.available2024-11-06T12:50:54Z
dc.date.issued2010
dc.descriptionMagister Legum - LLMen_US
dc.description.abstractDisability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place.en_US
dc.description.countrySouth Africa
dc.identifier.urihttps://hdl.handle.net/10566/18117
dc.language.isoenen_US
dc.publisherUniversity of the Western Capeen_US
dc.rights.holderUniversity of the Western Capeen_US
dc.subjectDignityen_US
dc.subjectDiscriminationen_US
dc.subjectDdisabilityen_US
dc.subjectDismissalen_US
dc.subjectEmployment equityen_US
dc.subjectIncapacityen_US
dc.subjectCanadian disability jurisprudenceen_US
dc.subjectAmerican disability jurisprudenceen_US
dc.subjectMedical model of disabilityen_US
dc.subjectSocial model of disabilityen_US
dc.subjectLegal construction of disabilityen_US
dc.titleIncapacity, disability and dismissal : the implications for South African labour jurisprudenceen_US
dc.typeThesisen_US

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Magister Legum - LLM (Public Law and Jurisprudence)