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- Volume 27, Issue 2, 2003
South African Journal of Labour Relations - Volume 27, Issue 2, 2003
Volume 27, Issue 2, 2003
Author J.J. MafunisaSource: South African Journal of Labour Relations 27, pp 4 –22 (2003)More Less
This paper addresses the subject of conflict of interest: an ethical dilemma in politics and administration. Conflict of interest denotes a situation in which an employee has a private financial interest sufficient to influence, or appear to influence, the exercise of his or her public duties. A primary reason for concern about conflicts of interest is that they reduce public trust and confidence in the integrity and impartiality of public functionaries. The subject of this article is the categories of conflict of interest, conflict of interest's overlap with corruption and measures for combating conflict of interest. Different categories of conflict of interest that are identified and explained include the use of inside knowledge and influence, self-dealing, the misuse of government property, outside employment, post-employment, gift-giving traditions and entertainment, influence peddling and personal conduct. Measures for combating conflict of interest include oversight bodies, judicial institutions and commissions of inquiry. Oversight bodies include the Public Protector, the Auditor-General and the Public Service Commission.. To effectively fight conflict of interest, the government should implement the recommendations of these oversight bodies, no matter who may be involved. Failure to implement their recommendations damages the image of oversight bodies.
Employment transformation enhancement in South Africa : establishing a job-sharing model to promote employment equitySource: South African Journal of Labour Relations 27, pp 23 –62 (2003)More Less
South Africa embarked on major societal and economic transformations after the 1994 elections. Various legislative reforms, aimed at eliminating discrimination and promoting equity in the workplace also featured prominently. One of the most important pieces of legislation in this regard was the Employment Equity Act and as a result, employers are compelled to adhere, among other provisions, to employment equity plans to address the position of historically disadvantaged persons. <br> There is, however, a plethora of workplace approaches that could be followed, but that are not all possible or to the advantage of organisations. The literature outlines a number of alternative work arrangements which could be applied in organisations, but which are limited in terms of the peculiarities of the South African labour market owing to the history of discrimination and apartheid. The labour market imbalances therefore necessitate alternative approaches to accommodate the transformation of the South African economy where employers are striving to achieve a representative non-racial labour force. <br> This research paper analyses job-sharing as a means of addressing transformation to promote employment equity in South Africa by developing a model using the Delphi technique as part of the research methodology. A literature survey was first undertaken, followed by an empirical investigation at a very prominent financial institution in South Africa. The design of the job-sharing model is based on the following research assumptions: (1) not all positions allow for job-sharing (2) there are conditions in the working environment that enhance or detract from the effectiveness of job-sharing, and (3) there are certain characteristics of a job-sharing team that make them suitable for job-sharing. The research findings were used to obtain the necessary information for the actual design and implementation of the job-sharing model, which can be used by organisations characterised by a highly skilled workforce to optimise their efforts to promote equity and to address labour market imbalances in a manner that is optimal for all parties concerned.
Author Gilton KlerckSource: South African Journal of Labour Relations 27, pp 63 –95 (2003)More Less
The expansion of "flexible" employment is all too often implicated in a causal relationship with deregulatory practices in the labour market. Of particular significance is the extent to which there is an acceptance of the idea that "regulation" and "flexibility" are two poles on the same continuum. Very rarely can changes in the regulatory regime of the labour market be understood as simply a restriction or extension of the role of statutory and collective regulation to the benefit or detriment of market mechanisms. Understanding the expansion of casualised employment in Namibia's increasingly regulated labour market calls for a much clearer specification of the concepts of flexibility and regulation. The conjunction of an expanded regulation of the "standard" employment relationship and an increase in the use of poorly regulated forms of "non-standard" employment presupposes a segmented labour market and the selective coverage of labour market institutions. Hence standard and non-standard employment imply alternative modes of labour regulation with different structural dynamics. This is highlighted by the pivotal role of the law of contract in regulating the employment of subcontracted workers.
Author Philip HirschsohnSource: South African Journal of Labour Relations 27, pp 97 –108 (2003)More Less
Author Lisa DancasterSource: South African Journal of Labour Relations 27, pp 109 –121 (2003)More Less
With the promulgation of Sectoral Determination 7, establishing conditions of employment and minimum wages for domestic workers, the spotlight has been focused on this sector of employment. This article examines the content of the sectoral determination and the extent to which domestic workers are covered in all other South African labour laws.