A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution

 

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dc.contributor.advisor Kalula, Evance en_ZA
dc.contributor.author Dlamini, Bongani Sydney en_ZA
dc.date.accessioned 2015-09-15T10:32:19Z
dc.date.available 2015-09-15T10:32:19Z
dc.date.issued 2004 en_ZA
dc.identifier.citation Dlamini, B. 2004. A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/14012
dc.description Includes bibliographical references (leaves 63-65). en_ZA
dc.description.abstract The choice of a labour market regulatory system in any given social context is crucial for the economic development of that country. In South Africa, a challenge has been made to the key players in the labour environment to choose whether the primary focus should be on creating better jobs or whether the main challenge should be in creating many or more jobs (Baskin: 2004). These two conflicting interests, though almost intertwined to each other, are however standing on a separate footing. Of late in South Africa, there have been cries for an urgent need to deregulate the labour market in the quest to create more jobs and free the small and medium businesses to participate in the economy without stringent measures. Concern has been raised about the unavailability of jobs for the people of South Africa. The major challenge facing the Government is the need to create more jobs. In Swaziland, the problem of job scarcity is reaching a crisis level. A large section of the economically active population is unemployed. Previously, Swaziland was considered to be an ideal place to conduct business by many enterprises in Southern Africa. The new political dispensation in South Africa and the political stability in Mozambique have brought about a sudden and devastating effect on Swaziland. Businesses are closing down operations and very few enterprises are showing an interest to invest in that country. This notwithstanding, Swaziland has opted to use South Africa's system of labour market regulation. The essence of the paper will be to examine the choice of the labour market regulatory systems between these two countries and to try to establish the successes and failures of each system in its given context. The main focus will be on the dispute resolution mechanism that each system adopts and whether such system works well given the cultural, social, economic and political dispensation of that country. The institutions that will be discussed are the Commission for Conciliation, Mediation and Arbitration (CCMA), the Conciliation, Mediation and Arbitration Commission (CMAC), the Labour Court and the Industrial Court. At a later stage, the discussion takes a twist and focuses on the competing and overlapping jurisdiction between the labour dispute resolution systems as set out in labour legislations on the one hand, and the common law power of the High Courts to decide on labour related matters on the other hand. The idea is to shed some light on the difficulties that may arise if the jurisdictional problems are not resolved and that this may in turn impact negatively on the labour market regulatory systems. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Commercial Law en_ZA
dc.title A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Dlamini, B. S. (2004). <i>A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/14012 en_ZA
dc.identifier.chicagocitation Dlamini, Bongani Sydney. <i>"A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2004. http://hdl.handle.net/11427/14012 en_ZA
dc.identifier.vancouvercitation Dlamini BS. A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2004 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/14012 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Dlamini, Bongani Sydney AB - The choice of a labour market regulatory system in any given social context is crucial for the economic development of that country. In South Africa, a challenge has been made to the key players in the labour environment to choose whether the primary focus should be on creating better jobs or whether the main challenge should be in creating many or more jobs (Baskin: 2004). These two conflicting interests, though almost intertwined to each other, are however standing on a separate footing. Of late in South Africa, there have been cries for an urgent need to deregulate the labour market in the quest to create more jobs and free the small and medium businesses to participate in the economy without stringent measures. Concern has been raised about the unavailability of jobs for the people of South Africa. The major challenge facing the Government is the need to create more jobs. In Swaziland, the problem of job scarcity is reaching a crisis level. A large section of the economically active population is unemployed. Previously, Swaziland was considered to be an ideal place to conduct business by many enterprises in Southern Africa. The new political dispensation in South Africa and the political stability in Mozambique have brought about a sudden and devastating effect on Swaziland. Businesses are closing down operations and very few enterprises are showing an interest to invest in that country. This notwithstanding, Swaziland has opted to use South Africa's system of labour market regulation. The essence of the paper will be to examine the choice of the labour market regulatory systems between these two countries and to try to establish the successes and failures of each system in its given context. The main focus will be on the dispute resolution mechanism that each system adopts and whether such system works well given the cultural, social, economic and political dispensation of that country. The institutions that will be discussed are the Commission for Conciliation, Mediation and Arbitration (CCMA), the Conciliation, Mediation and Arbitration Commission (CMAC), the Labour Court and the Industrial Court. At a later stage, the discussion takes a twist and focuses on the competing and overlapping jurisdiction between the labour dispute resolution systems as set out in labour legislations on the one hand, and the common law power of the High Courts to decide on labour related matters on the other hand. The idea is to shed some light on the difficulties that may arise if the jurisdictional problems are not resolved and that this may in turn impact negatively on the labour market regulatory systems. DA - 2004 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2004 T1 - A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution TI - A comparison of the South African and Swaziland's labour market regulatory systems in dispute resolution UR - http://hdl.handle.net/11427/14012 ER - en_ZA


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