Institute of Development and Labour Law
Research Output

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Benjamin, P. 2005. A matter of ongoing concern: Judicial interpretation and misinterpretation of section 197 of the Labour Relations Act. Law, Democracy and Development, 9(2): 169-180.

Benjamin, P. 2005. Getting regulation just right. South African Labour Bulletin, 29(4): 28-33.

Benjamin, P. 2005. Labour law - future challenges. South African Labour Bulletin, 29(4): 34-38.

Bezuidenhout, A., Theron, J.P. and Godfrey, S.D. 2005. Casualisation - can we meet it and beat it? South African Labour Bulletin, 29(1): 39-43.

Collier, D. 2005. The right to legal representation at the Commission for Conciliation, Mediation and Arbitration and at disciplinary enquiries. Industrial Law Journal, 26(January): 1-16.

Fenwick, C. and Kalula, E.R. 2005. Law and labour market regulation in East Asia and southern Africa: Comparative perspectives. International Journal of Comparative Labour Law and Industrial Relations, 21(2): 193-226.

Godfrey, S.D. 2005. Power and knowledge: The role of industry partners in knowledge-intensive networks in new materials development technology. Industry and Higher Education, 19(2): 189-197.

Hepple, B. 2005. Rivonia: The story of accused No 11. Social Dynamics, 30(1): 193-217.

Hepple, B. 2005. The Labour Relations Act and global competitiveness. Law, Democracy and Development, 9(2): 137-145.

Ntumy, E.K.B. 2005. Statism, labour and labour policy in southern Africa: A comparative study of Botswana & Swaziland Part 2 (1984-2004). Lesotho Law Journal, 15(1): 33-65.

Ntumy, E.K.B. 2005. The State, labour-related policy and the worker - a historical perspective. Lesotho Law Journal, 14(2): 261-285.

Orleyn, T. 2005. Women taking back the workplace. South African Labour Bulletin, 29(4): 45-47.

Theron, J.P. 2005. Intermediary or employer? Labour brokers and the triangular employment relationship. Industrial Law Journal Including Industrial Law Reports, 26(April): 618-649.

Theron, J.P. 2005. Unions and the co-operative alternative. South African Labour Bulletin, 29(2): 60-63.

Thompson, C.R. 2005. ‘Collective bargaining' and 'Retrenchments and restructuring'. Current Labour Law, 1: 53-80.


Books

Hepple, B. 2005. Labour laws and global trade: 1-302. Oxford: Hart Publishing.

Le Roux, R., Rycroft, A. and Orleyn, T. 2005. Sexual harassment in the workplace. Law, policies and processes: 1-177. Durban: LexisNexis Butterworths.

Rubin, N., Kalula, E.R. and Hepple, B. 2005. Code of international labour law: Law, practice and jurisprudence: 1-770 & 1-2336 (2 vols, 3 books). Cambridge: Cambridge University Press.


Chapters in books

Jubber, K.C., Maree, J.G.B. and Godfrey, S.D. 2005. 'If you can't measure it, you can't manage it': Reorganisation of work and performance at two fish processing firms. In E.C. Webster and K. von Holdt (eds), Beyond the apartheid workplace: Studies in transition: 125-147. Scottsville: University of KwaZulu-Natal Press.

Le Roux, R. 2005. Employment law issues in sport. In R. Cloete (ed.), Introduction to sports law in South Africa: 67-93. Durban: LexisNexis Butterworths.

Olivier, M., Kalula, E.R. and Carolus, D. 2005. Social protection and poverty alleviation in the SADC region: Prospects for developing a co-ordinated social security paradigm. In C. Okpaluba (ed.), Law and contemporary South African society: 235-264. Claremont: New Africa Books (Pty) Limited.

Theron, J.P. 2005. Employment is not what it used to be. In E.C. Webster and K. von Holdt (eds), Beyond the apartheid workplace: Studies in transition: 293-316. Scottsville: University of KwaZulu-Natal Press.


Non peer-reviewed published conference proceedings

Ackson, T. 2005. Effectivieness of labour law: A brief comparative analysis between the South African and Tanzanian labour law systems. Proceedings of Effectiveness of Labour Law: Under what conditions? Universite Montesquieu, Bordeaux IV, France, 4-15 July 2005. [CD-ROM].

Benjamin, P. 2005. The LRA and business transfers. Seminar to Commemorate 10 Years of the Labour Relations Act, Stellenbosch, South Africa. [CD-ROM].

Christie, S. 2005. No bread better than half a loaf: Mazista Tiles v NUM and the LAC's response to employer to force change to conditions of work. Proceedings of the 18th Annual Labour Law Conference, Sandton, South Africa, 30 June-2 July 2005. [CD-ROM].

Cohrssen, R. and Gallo, S.M. 2005. Indicators for conditions of work: Namibia Country Paper. Proceedings of Developing Indicators for the Monitoring of Labour Standards. Southern Africa Regional Workshop, Cape Town, South Africa, 20-21 July 2005. [CD-ROM].

Godfrey, S.D. 2005. The rise of labour brokering and the challenges for labour law. Proceedings of the 18th Annual Labour Law Conference. Sandton, South Africa, 30 June - 2 July 2005. [CD-ROM].

Kalula, E.R. 2005. Track 3. Beyond formal labour relations: The challenge of the informal economy. Proceedings of the 4th IIRA African Regional Congress. A new vision of industrial relations for Africa: Harmonising social and economic strategies in a globalising world, Mauritius, 28-30 November 2005. [CD-ROM].

Kalula, E.R., Chirwa, D.M. and Ackson, T. 2005. Labour administration and regional integration in NEPAD. Proceedings of the Third Follow-up Annual Conference on Labour Administration, Regional Integration and NEPAD, Mahe, Seychelles, 17-21 October 2005. [CD-ROM].

Ntumy, E.K.B. 2005. Indicators for conditions of work: Botswana Country Paper. Developing indicators for the monitoring of labour standards. Proceedings of the Hagen Resource International and US Department of Labour, Southern African Regional Workshop, Cape Town, South Africa, 20-21 January 2005. [CD-ROM].

Okoye, A. 2005. Defining the role of trade unions in the Charter of Fundamental Social Rights in SADC. Proceedings of the SATUCC's Seminar on Charter of Fundamental Social Rights in SADC, Braamfontein, South Africa, 28-30 November. [CD-ROM].

Okoye, A.O. and Kalula, E.R. 2004. Defining the role of trade unions in the Charter of Fundamental Social Rights in SADC. Proceedings of the SATUCC Seminar on Charter of Fundamental Social Rights in SADC, Braamfontein, South Africa. [CD-ROM].

Olivier, M. and Kalula, E.R. 2005. The future of social security in SADC: Some critical elements. Proceedings of the 2005 IRASA National Conference. Employment Relations: Building the Future. Spier, Stellenbosch, South Africa, October 2005. [CD-ROM].

Olivier, M. and Kalula, E.R. 2005. Track 2 - towards the development of an integrated policy framework for informal sector social security in the SADC region. Proceedings of the Second Global Labour Forum, Institute for Human Development in Association with Indian Society of Labour Economics and Indian Industrial Relations Society, New Delhi, India, 13-14 December 2005. [CD-ROM].

Orleyn, T. 2005. The new code on sexual harassment in the workplace: A practical perspective. Proceedings of the 18th Annual Labour Law Conference, Sandton, South Africa, 30 June - 2 July 2005. [CD-ROM].

Theron, J.P. 2005. Worker co-operatives: A bridge to the formal economy? Proceedings of the 18th Annual Labour Law Conference, Sandton, South Africa, 30 June - 2 July 2005. [CD-ROM].

Theron, J.P. 2005. Membership based organisations of the poor: The South African experience. Proceedings of the International Conference organised by Cornell University, SEWA and WIEGO, December, Ahmedebad, India. [CD-ROM].

Van Voore, R. 2005. Case update: Collective labour law. Proceedings of the 18th Annual Labour Law Conference. Sandton, South Africa, 30 June - 2 July 2005. [CD-ROM].


Published conference abstracts

Kalula, E.R. 2005. Track 3. Rapporteur's report. Beyond formal labour relations: The challenge of the informal economy. Proceedings of the 4th IIRA African Regional Congress. Reports by the Rapporteurs, Plenary and Workshop Abstracts. A New Vision of Industrial Relations for Africa: Harmonising Social and Economic Strategies in a Globalising World: 78-80.

Okoye, A. 2005. Employment in the non-profit sector: Comparative issues from Nigeria and South Africa. Proceedings of 4th IIRA African Regional Congress. Reports by Rapporteurs, Plenary Workshop Abstracts. A new vision of industrial relations for Africa: harmonising social and economic strategies in a globalising world: 81-82.

Okoye, A. 2005. Summary of proceedings of the 4th IIRA African Regional Congress. A new vision of industrial relations for Africa: harmonising social and economic strategies in a globalising world. IIRA Bulletin, published by the International Labour Office, 71(December): 10-12.


Theses and dissertations passed for higher degrees

Bahati, A. 2005. A critical analysis of international legal regulations of child labour: A case study of Tanzania: 1-64. LLM (Minor Dissertation).

Fung, S.C. 2005. Emerging South African immigration policy in a comparative global perspective: 1-89. LLM (Minor Dissertation).

Furness, C. 2005. The appropriate role of judicial intervention in labour dispute arbitration awards: 1-57. LLM (Minor Dissertation).

Langenhoven, R. 2005. An employee's right to legal representation: 1-40. PG Diploma in Employment Law and Social Security.

Marumo, B. 2005. HIV/AIDS and employment: An assessment of legislation and jurisprudence of Botswana and a brief comparison with the South African position: 1-70. LLM (Minor Dissertation).

Ndabahagamye, L. 2005. International human rights, constitutional rights and employment law with special relevance to HIV/AIDS in the workplace: SADC and South Africa perspectives: 1-53. PG Diploma in Employment Law.

Ndumo, E. 2005. The duty to bargain and collective bargaining in South Africa, Lesotho and Canada: Comparative perspectives: 1-63. LLM (Minor Dissertation).

Nefdt, H. 2005. Flexible working arrangements: To what degree are casualised and externalised labour protected by labour legislation?: 1-54. PG Diploma in Employment Law and Social Security.

Olotu, M.T. 2005. A comparative study of dispute settlement and resolution in South Africa and Tanzania: 1-98. LLM.

Sefah-Akyeampong, T. 2005. Legislative and policy framework of skills development strategy: A comparative review of South Africa and Germany: 1-62. LLM (Minor Dissertation).

Thorp, R. 2005. Business restructuring and labour law with specific reference to sections 188, 189 and 197 of the Labour Relations Act 66 of 1995 as amended : 1-54. PG Diploma in Employment Law.

Woerz, A. 2005. Collective bargaining in South Africa and Germany - a comparative study: 1-58. LLM (Minor Dissertation).

Yodakien, M. 2005. The parent plan manager as an alternative dispute resolution mechanism facilitating children's rights: 1-53. PG Diploma in Conciliation and Arbitration.


Unrefereed journal articles

Collier, D. and Bamu, P.H. 2005. Reforming the microcredit industry in South Africa: Will the proposed National Credit Bill address existing problems and developmental concerns? Development and Labour Monograph Series Occasional Paper, 1(0799222909): 1-52.

Godfrey, S.D., Theron, J.P. and Clarke, M. 2005. On the outskirts but still in fashion: homeworking in the South African clothing industry: The challenge to organisation and regulation. Development and Labour Monograph Series, 0799222895(2): 1-48.

Kalula, E.R. 2005. Placing the problems in perspective - external challenges to labour movement leadership in the SADC region. SATULA - Report 2004: 2005

Okoye, A.O. and Okoye, A. 2005. Giving statutory effect to legislative intention: a study of social security legislation in Nigeria. Nigerian Bar Journal, 2(2): 157-172.

Theron, J.P. 2005. Review: All my life and all my strength by Ray Alexander. Transformation, 5: 97-105.

Theron, J.P., Godfrey, S.D. and Lewis, P. 2005. The rise of labour broking and its policy implications. Development and Labour Monograph Series, 1(0799222909): 1-52.


Online works

Thompson, C.R. 2005. "Un-Australian". October 2005. http://workers.labor.net.au/features/200510/b_tradeunion_thompson.html.
http://workers.labor.net.au/features/200510/b_trad.


Extension and development work

Christie, S. 2005. The Right to Life and the Right to Death: Disability, abortion, euthanasia and the law. Finding Meaning in Difference. UCT Diability Unit - Seminar Series. Institute of Development and Labour Law, University of Cape Town.

Christie, S. 2005. Restructuring and Workplace Change: Who decides? IRASA Panel Discussion, GSB. Institute of Development and Labour Law, University of Cape Town.

Kalula, E.R. 2005. Tokiso Review 2005/6: The first annual report on the state of labour dispute resolution in South Africa. With Sue Albertyn (eds). Business and labour market. Institute of Development and Labour Law, University of Cape Town.

Fenwick, C. and Kalula, E.R. 2005. Fenwick, C. and Kalula, E.R. SADC Labour Market Regulation. This project is concerned with the legal and other aspects of labour market regulation in the various countries of the SADC region. The research focuses on such aspects as labour law reform and the prospects of developing common approaches towards labour market regulation in the framework of SAD regional integration. The project seeks to derive comparative lessons from similar developments in South East Asia. The project is being conducted in collaboration with the Centre of Employment and Labour Relations Law at the University of Melbourne, Australia. Various. Institute of Development and Labour Law, University of Cape Town.

Kalula, E.R. 2005. Chairperson, Employment Conditions Commission, Department of Labour. Employment Conditions Commission. Department of Labour, University of Cape Town.

Kalula, E.R. 2005. PG Diploma in Mediation and Arbitration in Tanzania. The Institute has been invovled in setting up a training programme for mediators and arbitrators based on the SADC PG Diploma. Professor Evance Kalula serves as an adviser to the Labour Department in Tanzania and has assisted in devising and teaching of the programme. Department of Labour, Tanzania. University of Cape Town.

Kalula, E.R. 2005. Labour Law Reform in Lesotho and Malawi. The Institute, through Professor Evance Kalula, is currently advising the ILO/ILSSA project with labour law review in the Kingdom of Lesotho and Malawi. Preliminary reports analysing these countries' labour legislation in relation to the ILO Declaration on Fundamental Principles and Rights at Work of 1998 and other ratified ILO standards were completed in 2005. The reports will be followed up with other activities, including further research in the course of 2006. International Labour Organization, Pretoria. Institute of Development and Labour Law, University of Cape Town.

Kalula, E.R. 2005. Professor Kalula taught on two social security programmes offered by the University of Johannesburg. The programmes are the postgraduate diploma on social security which is offered to South African students and those from the SADC region. The second programme is the certificate course on social security offered to the Department of Social Development in all provinces in South Africa. University of Johannesburg. Institute of Development and Labour Law, University of Cape Town.

Kalula, E.R. and Olivier, M. 2005. Professor Kalula serves on the SADC Core Group on Social Security whose objectives include research and policy development in social security and social protection. Activities of the group include research, training and advising different governments and institutions in SADC. As part of that work, Professors Kalula and Olivier of the University of Johannesburg undertook a mission to Madagascar from 30 November - 2 December to advise the Government and institutions concerning social security policy development and implementation. Government of Madagascar. Institute of Development and Labour Law, University of Cape Town.

Le Roux, R. 2005. One person commission of enquiry: Investigated and prepared a report on the alleged use of prohibited substances at the UCT Weights Gym. UCT Student Development & Services Dept. Institute of Development and Labour Law, University of Cape Town.

Le Roux, R. 2005. Curriculum development. Hosted a colloquium of lecturers teaching labour law at Masters level in an effort to identify and resolve teaching problems at that level. University Teachers of Law. Institute of Development and Labour Law, University of Cape Town.

Le Roux, R. 2005. Radio and TV Interviews. Conducted several interviews and participated in many actuality radio programmes on sexual harassment and whistleblowing. Radio and TV Audiences. Institute of Development and Labour Law, University of Cape Town.

Le Roux, R. 2005. Co-convene and co-host the Annual Labour Law Conference in conjunction with University of Witwaterand and KwaZulu-Natal. Institute of Development and Labour Law, University of Cape Town.

Le Roux, R. 2005. Training. Presented several short training courses aimed at parctitioners on labour law and sports law. UCT Professional Legal Education Project. Institute of Development and Labour Law, University of Cape Town.

Le Roux, R. 2005. The Institute remains Instrumental in the management of the Sports Law Association of South Africa (SLASA). Rochelle le Roux as the Secretary of SLASA and also the editor of the SLASA Newsletter which appears tri-annually. Sports lawyers & bodies. Institute of Develoment and Labour Law, University of Cape Town.


Consultancy and other activities based on expertise developed in research

Kalula, E.R. 2005. Indicators for Conditions of Work Project. The project is in collaboration with Hagen Resource International which was awarded funding by the US Department of Labor. The main objective was to develop indicators to measure progress in compliance with ILO and other labour standards relating to conditions of work in three main areas: minimum wages; occupational health and safety and working time. It focused on four SADC countries: Botswana, Lesotho, Namibia and South Africa. The Institute coordinated and contributed to country studies concerning the four countries. A research conference to consider the country studies was held in January 2005. Papers and proceedings of this project have been published and disseminated on CD Rom .


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