Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana

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dc.contributor.advisorle Roux, Rochelle
dc.contributor.authorGyesi, Solomon
dc.date.accessioned2023-02-23T07:22:59Z
dc.date.available2023-02-23T07:22:59Z
dc.date.issued2022
dc.date.updated2023-02-20T12:52:44Z
dc.description.abstractThis minor dissertation explores the standards set by the International Labour Organisation (ILO) on the reasons and procedure for termination of employment of employees as provided in ILO Convention 158. The reasons ILO approves as justifiable grounds for termination of contract employment include misconduct, incapacity and operational requirement. Though both Ghana and South Africa have not ratified the Termination of Employment Convention 1982, the former has developed elaborate labour legislations and case laws as vanguard for the protection of employment. Using a comparative approach, the dissertation examines the definition and court's interpretation of concepts of termination of employment and dismissals in Ghana and South Africa. The dissertation also compared the codified statutory procedures employers must follow prior to dismissal and came to the conclusion that Ghana lacks such precision and certainty in the substantive and procedural requirement for termination of employment. Though there are instances of similarities in Ghana and South African laws on termination of employment, there are several other areas Ghana can learn from South Africa. For this reason, the dissertation recommends amendments to the Labour Act of Ghana to include the safeguards identified in South Africa into Ghana's labour law.
dc.identifier.apacitationGyesi, S. (2022). <i>Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/36994en_ZA
dc.identifier.chicagocitationGyesi, Solomon. <i>"Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana."</i> ., ,Faculty of Law ,Department of Commercial Law, 2022. http://hdl.handle.net/11427/36994en_ZA
dc.identifier.citationGyesi, S. 2022. Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/36994en_ZA
dc.identifier.ris TY - Master Thesis AU - Gyesi, Solomon AB - This minor dissertation explores the standards set by the International Labour Organisation (ILO) on the reasons and procedure for termination of employment of employees as provided in ILO Convention 158. The reasons ILO approves as justifiable grounds for termination of contract employment include misconduct, incapacity and operational requirement. Though both Ghana and South Africa have not ratified the Termination of Employment Convention 1982, the former has developed elaborate labour legislations and case laws as vanguard for the protection of employment. Using a comparative approach, the dissertation examines the definition and court's interpretation of concepts of termination of employment and dismissals in Ghana and South Africa. The dissertation also compared the codified statutory procedures employers must follow prior to dismissal and came to the conclusion that Ghana lacks such precision and certainty in the substantive and procedural requirement for termination of employment. Though there are instances of similarities in Ghana and South African laws on termination of employment, there are several other areas Ghana can learn from South Africa. For this reason, the dissertation recommends amendments to the Labour Act of Ghana to include the safeguards identified in South Africa into Ghana's labour law. DA - 2022_ DB - OpenUCT DP - University of Cape Town KW - Labour Law LK - https://open.uct.ac.za PY - 2022 T1 - Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana TI - Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana UR - http://hdl.handle.net/11427/36994 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/36994
dc.identifier.vancouvercitationGyesi S. Comparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana. []. ,Faculty of Law ,Department of Commercial Law, 2022 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/36994en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.subjectLabour Law
dc.titleComparative analysis of the laws on termination of employment in the Republic of South Africa and the Republic of Ghana
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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