Employee protection during business rescue proceedings in South Africa : a comparative perspective

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dc.contributor.advisorBradstreet, Richard Stantonen_ZA
dc.contributor.authorMartin, Kelly Joen_ZA
dc.date.accessioned2014-11-05T03:54:01Z
dc.date.available2014-11-05T03:54:01Z
dc.date.issued2013en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe Companies Act 71 of 2008 (hereafter ‘the Companies Act 2008’) came into force in 2011, bringing with it a corporate rescue regime called ‘business rescue’. If a business is placed under business rescue there are a multitude of legal consequences that follow. A thorough reading of the business rescue provisions reveals that employees are granted a large number of important rights and protections when their employer is placed under business rescue. This dissertation consolidates the company law and labour law aspects of this area of law in order to gain comprehensive understanding of the protection given to employees during business rescue. It is important for lawyers, employees, employers and business rescue practitioners to understand what rights employees have during business rescue in order for those rights to be enforced and utilised effectively. While the protection of employees is undeniably an important objective, it has been argued that the amount of protection afforded to employees in chapter 6 is worrying in that their over-protection could potentially be detrimental to the overall success of the business rescue proceedings. This may ultimately have a negative effect on employees as it is in the best interests of the employees for the business rescue proceedings to be successful. The focus of this dissertation is therefore on whether employees in South Africa are afforded too much protection during business rescue proceedings and, if so, which provisions are problematic.en_ZA
dc.identifier.apacitationMartin, K. J. (2013). <i>Employee protection during business rescue proceedings in South Africa : a comparative perspective</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/9168en_ZA
dc.identifier.chicagocitationMartin, Kelly Jo. <i>"Employee protection during business rescue proceedings in South Africa : a comparative perspective."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2013. http://hdl.handle.net/11427/9168en_ZA
dc.identifier.citationMartin, K. 2013. Employee protection during business rescue proceedings in South Africa : a comparative perspective. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Martin, Kelly Jo AB - The Companies Act 71 of 2008 (hereafter ‘the Companies Act 2008’) came into force in 2011, bringing with it a corporate rescue regime called ‘business rescue’. If a business is placed under business rescue there are a multitude of legal consequences that follow. A thorough reading of the business rescue provisions reveals that employees are granted a large number of important rights and protections when their employer is placed under business rescue. This dissertation consolidates the company law and labour law aspects of this area of law in order to gain comprehensive understanding of the protection given to employees during business rescue. It is important for lawyers, employees, employers and business rescue practitioners to understand what rights employees have during business rescue in order for those rights to be enforced and utilised effectively. While the protection of employees is undeniably an important objective, it has been argued that the amount of protection afforded to employees in chapter 6 is worrying in that their over-protection could potentially be detrimental to the overall success of the business rescue proceedings. This may ultimately have a negative effect on employees as it is in the best interests of the employees for the business rescue proceedings to be successful. The focus of this dissertation is therefore on whether employees in South Africa are afforded too much protection during business rescue proceedings and, if so, which provisions are problematic. DA - 2013 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2013 T1 - Employee protection during business rescue proceedings in South Africa : a comparative perspective TI - Employee protection during business rescue proceedings in South Africa : a comparative perspective UR - http://hdl.handle.net/11427/9168 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9168
dc.identifier.vancouvercitationMartin KJ. Employee protection during business rescue proceedings in South Africa : a comparative perspective. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2013 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9168en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleEmployee protection during business rescue proceedings in South Africa : a comparative perspectiveen_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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