The convergence of labour and commercial law: executive dismissals in contemporary South Africa

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dc.contributor.advisorRycroft, Alanen_ZA
dc.contributor.authorPottas, Ruanen_ZA
dc.date.accessioned2014-11-05T03:53:10Z
dc.date.available2014-11-05T03:53:10Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe intricacies and legalities concerning the notion that under certain circumstances a director may be regarded as an employee have given rise to much litigation in the past two decades. It is humbly submitted that few scenarios have created as much confusion and grief as the aforementioned idea in our South African jurisprudence. For the past two decades lawyers have jousted in the CCMA, Labour Court and Labour Appeals Court on the question of whether or not a company director is an employee and subject to the protection from unfair dismissal contained in the LRA. This dissertation approaches the controversial topic by examining the history and origin of the concept of the office of director. The legislative framework concerning company and labour law is examined along with the judicial decisions which have shaped this particular aspect of the law. A brief overview of comparative labour law is discussed in an attempt to gain a multinational view of the matter. Throughout this dissertation it is of cardinal importance to view the text through both the lenses of Company- and Employment Law. Failing to do so will have the inevitable result that one does not properly reflect and weigh in on the theoretical implications associated with the development of both these branches of law.en_ZA
dc.identifier.apacitationPottas, R. (2014). <i>The convergence of labour and commercial law: executive dismissals in contemporary South Africa</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law. Retrieved from http://hdl.handle.net/11427/9150en_ZA
dc.identifier.chicagocitationPottas, Ruan. <i>"The convergence of labour and commercial law: executive dismissals in contemporary South Africa."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law, 2014. http://hdl.handle.net/11427/9150en_ZA
dc.identifier.citationPottas, R. 2014. The convergence of labour and commercial law: executive dismissals in contemporary South Africa. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Pottas, Ruan AB - The intricacies and legalities concerning the notion that under certain circumstances a director may be regarded as an employee have given rise to much litigation in the past two decades. It is humbly submitted that few scenarios have created as much confusion and grief as the aforementioned idea in our South African jurisprudence. For the past two decades lawyers have jousted in the CCMA, Labour Court and Labour Appeals Court on the question of whether or not a company director is an employee and subject to the protection from unfair dismissal contained in the LRA. This dissertation approaches the controversial topic by examining the history and origin of the concept of the office of director. The legislative framework concerning company and labour law is examined along with the judicial decisions which have shaped this particular aspect of the law. A brief overview of comparative labour law is discussed in an attempt to gain a multinational view of the matter. Throughout this dissertation it is of cardinal importance to view the text through both the lenses of Company- and Employment Law. Failing to do so will have the inevitable result that one does not properly reflect and weigh in on the theoretical implications associated with the development of both these branches of law. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The convergence of labour and commercial law: executive dismissals in contemporary South Africa TI - The convergence of labour and commercial law: executive dismissals in contemporary South Africa UR - http://hdl.handle.net/11427/9150 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9150
dc.identifier.vancouvercitationPottas R. The convergence of labour and commercial law: executive dismissals in contemporary South Africa. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9150en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Development and Labour Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherLabour Lawen_ZA
dc.titleThe convergence of labour and commercial law: executive dismissals in contemporary South Africaen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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