scholarly journals THE LEGALITY OF THE AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYMENT

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Tamara Cohen
Keyword(s):  
Public Sector ◽  
Retirement Age ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labour Relations ◽  
The Public ◽  
Term Contract ◽  
Unfair Dismissal ◽  
Contract Of Employment ◽  
The Impact

The Labour Relations Act (66 of 1995) (LRA) protects employees against unfair dismissal. In terms of section 186(1)(a) dismissal means that “an employer terminated a contract of employment with or without notice”. In order to fall within the ambit of this provision and benefit from the protections afforded by the LRA, an employee must prove that an overt act on the part of the employer has resulted in the termination of the employment contract (Ouwehand v Hout Bay Fishing Industries 2004 25 ILJ 731 (LC)). The onus then shifts to the employer to prove that the dismissal is both substantively and procedurally fair, failing which the employee will be entitled to theremedies afforded by section 193 of the LRA. However, not every termination of an employment contract constitutes a dismissal and a number of scenarios exist where an employment contract terminates lawfully by operation of law. The termination of a fixed-term contract by effluxion of time, termination of the contract due to supervening impossibility of performance and the attainment of a contractually agreed or implied retirement age all give rise to the lawful termination of an employment contract. Similarly the statutory “deemed-dismissal” provisions of application to employees in the public sector provide for the automatic termination of employment contracts in circumstances that the employee is absent without authorisation for a designated period of time. The effect of such automatic termination is that the employment contract terminates by operation of law and not by means of an act of the employer, resulting in the dismissal provisions of the LRA being legitimately circumvented. Labour-broking contracts typically include automatic termination clauses that provide for the automatic termination of employment contracts, between labour-brokers and their employees, when the broker’s client no longer requires the services of such employees. Similarly employers have sought to rely upon grounds of supervening impossibility of performance in order to argue that an employment contract has automatically terminated in the instance of absconding and imprisoned employees. This article will be examining the legality of the automatic termination of employment contracts in these contexts and the impact on employees’ rights to protection against unfair dismissal.

scholarly journals Long-term effectiveness of elderly health care voucher scheme strategies: a system dynamics simulation analysis

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Ka Chun Chong ◽  
Hong Fung ◽  
Carrie Ho Kwan Yam ◽  
Patsy Yuen Kwan Chau ◽  
Tsz Yu Chow ◽  
...  
Keyword(s):  
Primary Care ◽  
Chronic Disease ◽  
Public Sector ◽  
System Dynamics ◽  
The Elderly ◽  
Healthcare Services ◽  
Dynamics Simulation ◽  
Public And Private ◽  
The Public ◽  
The Impact

Abstract Background The elderly healthcare voucher (EHCV) scheme is expected to lead to an increase in the number of elderly people selecting private primary healthcare services and reduce reliance on the public sector in Hong Kong. However, studies thus far have reported that this scheme has not received satisfactory responses. In this study, we examined changes in the ratio of visits between public and private doctors in primary care (to measure reliance on the public sector) for different strategic scenarios in the EHCV scheme. Methods Based on comments from an expert panel, a system dynamics model was formulated to simulate the impact of various enhanced strategies in the scheme: increasing voucher amounts, lowering the age eligibility, and designating vouchers for chronic conditions follow-up. Data and statistics for the model calibration were collected from various sources. Results The simulation results show that the current EHCV scheme is unable to reduce the utilization of public healthcare services, as well as the ratio of visits between public and private primary care among the local aging population. When comparing three different tested scenarios, even if the increase in the annual voucher amount could be maintained at the current pace or the age eligibility can be lowered to include those aged 60 years, the impact on shifts from public-to-private utilization were insignificant. The public-to-private ratio could only be marginally reduced from 0.74 to 0.64 in the first several years. Nevertheless, introducing a chronic disease-oriented voucher could result in a significant drop of 0.50 in the public-to-private ratio during the early implementation phase. However, the effect could not be maintained for an extended period. Conclusions Our findings will assist officials in improving the design of the EHCV scheme, within the wider context of promoting primary care among the elderly. We suggest that an additional chronic disease-oriented voucher can serve as an alternative strategy. The scheme must be redesigned to address more specific objectives or provide a separate voucher that promotes under-utilized healthcare services (e.g., preventive care), instead of services designed for unspecified reasons, which may lead to concerns regarding exploitation.

Public Sector Employment, Quality of Government, and Well-Being: A Global Analysis

2021 ◽  
pp. 223386592110117
Author(s):  
Robert Davidson ◽  
Alexander Pacek ◽  
Benjamin Radcliff
Keyword(s):  
Public Sector ◽  
Global Analysis ◽  
Well Being ◽  
Subjective Well Being ◽  
Cross Sectional ◽  
Political Factors ◽  
The Public ◽  
Employment Quality ◽  
The Impact

While a growing literature within the study of subjective well-being demonstrates the impact of socio-political factors on subjective well-being, scholars have conspicuously failed to consider the role of the size and scope of government as determinants of well-being. Where such studies exist, the focus is largely on the advanced industrial democracies of the Organization for Economic Co-Operation and Development. In this study, we examine the size of the public sector as a determinant of cross-national variation in life satisfaction across a worldwide sample. Our findings strongly suggest that as the public sector grows, subjective well-being increases as well, conditional on the extent of quality of government. Using cross-sectional data on 84 countries, we show this relationship has an independent and separable impact from other economic and political factors.

Up the Garden Path? Enterprise Bargaining and Decentralization in the NSW Public Sector

1995 ◽  
Vol 37 (2) ◽  
pp. 203-217 ◽  
Author(s):  
Michael O'Donnell
Keyword(s):  
Public Sector ◽  
New South ◽  
Industrial Relations ◽  
New South Wales ◽  
Green Paper ◽  
Garden Path ◽  
Reform Agenda ◽  
The Public ◽  
South Wales ◽  
The Impact

Decentralizing industrial relations within New South Wales is a central recom mendation of the Niland Green Paper (1989). Decentralism also represents the cornerstone of the New South Wales government's industrial relations reform agenda enshrined in the New South Wales Industrial Relations Act 1991. To date there has been little analysis of the impact o f this legislative change on industrial relations in the New South Wales public sector. This paper provides a case study that examines the degree to which responsibility for bargaining has been devolved within the Parks and Gardens of the New South Wales Ministry for the Environ ment. It argues that, in contrast to the rhetoric of the New South Wales Act, the central agency presiding over the introduction of enterprise bargaining in the public sector, the Public Employment and Industrial Relations Authority; has been reluctant to delegate responsibility to parties in the workplace.

COVID’s Effect on India’s Health Services: A Commentary

Social Change ◽  
2021 ◽  
Vol 51 (4) ◽  
pp. 483-492
Author(s):  
Imrana Qadeer
Keyword(s):  
Public Sector ◽  
Health Services ◽  
Healthcare Services ◽  
The Public ◽  
State Authority ◽  
Comprehensive Framework ◽  
The Impact ◽  
Second Wave

Using a comprehensive framework (the state’s will to deliver, its institutional strength and its legitimacy), this article assesses the impact of the COVID-19 pandemic on public sector healthcare services in India. The power to deliver was explicit when the interventions were harsh, increasing the burden of death and disease on health services. But when it came to healthcare by the public sector we find a worsening of achievements of non-COVID ailments during the pandemic and an inability to tackle the second wave due to gaps in the nation's infrastructure, a centralised control undermining state authority; and visible results of a flawed policy that pushed further the agenda of making healthcare a profitable business.

Research from China finds no significant difference in impact of public service motivation (PSM) in public and private sectors

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Employee Performance ◽  
Intention To Leave ◽  
Public And Private ◽  
Content Type ◽  
The Public ◽  
Significant Difference ◽  
Set Up ◽  
The Impact

Purpose The authors assumed PSM would be higher in the public sector, but they set up a trial to find out if this was the case. Design/methodology/approach To test their theories, the authors conducted two independent surveys. The first consisted of 220 usable responses from public sector employees in Changsha, China. The second survey involved 260 usable responses from private sector employees taking an MBA course at a university in the Changsha district. A questionnaire was used to assess attitudes. Findings The results found no significant difference between the impact of public sector motivation (PSM) on employee performance across the public and private sectors. The data showed that PSM had a significant impact on self-reported employee performance, but the relationship did not differ much between sectors. Meanwhile, it was in the private sector that PSM had the greatest impact on intention to leave. Originality/value The authors said the research project was one of the first to test if the concept of PSM operated in the same way across sectors. It also contributed, they said, to the ongoing debate about PSM in China.

scholarly journals The Influence of Strategic Leadership on Building Employees’ Entrepreneurial Orientation: A Field Study at the Jordanian Public Sector

2017 ◽  
Vol 10 (6) ◽  
pp. 62
Author(s):  
Sahar Mohammad Abu Bakir
Keyword(s):  
Public Sector ◽  
Entrepreneurial Orientation ◽  
Change Agent ◽  
Strategic Leadership ◽  
Successful Implementation ◽  
Continuous Control ◽  
The Public ◽  
Governmental Organizations ◽  
The Impact

The public sector in Jordan is confronting many problems; reports show that citizens are not contented with the number and quality of current services. Consequently; persistent initiatives to uphold the sector performance took place at all levels, relying on the inventive employees and leadership to achieve the intended improvement. So this study seeks to test the impact of strategic leadership (charismatic, visionary, change agent and servant) on building entrepreneurial orientation (proactiveness, innovativeness and risk taking) in Jordanian public sector employees.A random sample was selected of 500 employees working at health, education, agriculture and other service governmental organizations. To obtain the required results multiple regression was calculated using (21) SPSS version.It was found that the charismatic, change agent, servant styles positively influence employees proaciveness, with no influence on the other two entrepreneurship dimensions. While visionary style has no significant influence on all entrepreneurship dimensions. However the public sector reform is achievable, through comprehensive strategies, successful implementation, and effective continuous control. Innovative departments need to be established and financed away from bureaucratic environments.

scholarly journals The Living Wage: An Economic Geography Based Explanation for a Policy for Equality

2015 ◽  
Vol 15 (4) ◽  
pp. 589-605 ◽  
Author(s):  
Carlo J. Morelli ◽  
Paul T. Seaman
Keyword(s):  
Public Sector ◽  
Labour Force ◽  
Living Wage ◽  
Labour Force Survey ◽  
The Public ◽  
Household Inequality ◽  
The Uk ◽  
Wage Demand ◽  
The Impact ◽  
Low Pay

This article examines the theoretical underpinning of living wage campaigns. The article uses evidence, derived from the UK Quarterly Labour Force Survey from 2005 to 2008, to examine the extent to which a living wage will address low pay within the labour force. We highlight the greater incidence of low pay within the private sector and then focus upon the public sector where the living wage demand has had most impact. The article builds upon the results from the Quarterly Labour Force Survey with analysis of the British Household Panel Survey in 2007 in order to examine the impact that the introduction of a living wage, within the public sector, would have in reducing household inequality.

The Public Sector Mediation Process

1978 ◽  
Vol 22 (2) ◽  
pp. 209-240 ◽  
Author(s):  
Thomas A. Kochan ◽  
Todd Jick
Keyword(s):  
New York ◽  
Public Sector ◽  
Personal Characteristics ◽  
Mediation Process ◽  
Municipal Governments ◽  
The Public ◽  
Situational Characteristics ◽  
Alternative Sources ◽  
Using Data ◽  
The Impact

This paper develops and tests a model of the labor mediation process using data from a sample of negotiations involving municipal governments and police and firefighter unions in the State of New York. The test of the model also incorporates an estimate of the impact of a change in the statutory impasse procedures governing these groups. The model examines the impact of (1) alternative sources of impasse, (2) situational characteristics, (3) strategies of the mediators, and (4) personal characteristics of the mediators on the probability of settlement, percentage of issues resolved in mediation, movement or compromising behavior, and the tendency to hold back concessions in mediation. The results indicate that the change in the impasse procedure had a marginal affect on the probability of settlement in the small to medium cities in the sample but little or no effect on the larger cities. Furthermore, a number of other measures of the sources of impasse and mediator strategies and characteristics had a stronger impact on the effectiveness of the mediation process than the nature of the impasse procedure.

scholarly journals Editorial

2007 ◽  
Vol 6 (2) ◽  
pp. v-vi
Author(s):  
Leena James
Keyword(s):  
Information Technology ◽  
Public Sector ◽  
Social Movement ◽  
Banking Sector ◽  
Work Process ◽  
The Public ◽  
Customer Base ◽  
Public Sector Banks ◽  
National Bank ◽  
The Impact

The eleventh issue of Ushus brings to you a wide variety of scholarly articles encompassing socio-economic and managerial issues. The first paper "Information technology and banking sector with reference to customer satisfaction" focuses on the impact of automation of the public sector banks as per the reflections of the bank officials and the customers. The crest of the article lies in the fact that the customers are being able to keep abreast with the exchange of automation in the modern banking practices and the survey brings out their perception towards it and throws some light on the effective ways to deal with this crisis. The study concludes with the analytical results that public sector bank customers have a positive inclination towards technological upgradation but the banks need to be more flexible in their work process and focus on marketing themselves in order to entrap a larger customer base. The paper titled "Administration of micro-credit by national bank" talks about the successful micro-finance initiatives taken by NABARD how aptly they had been implemented and evolved as a sustainable social movement over a decade now.

scholarly journals Information Technology and Banking Sector With Reference to Customer Satisfaction

2007 ◽  
Vol 6 (2) ◽  
pp. 1-17
Author(s):  
K J Raman ◽  
A Marcus
Keyword(s):  
Information Technology ◽  
Public Sector ◽  
Banking Sector ◽  
Main Concern ◽  
The Public ◽  
Public Sector Banks ◽  
Wide Range ◽  
New Development ◽  
Chennai City ◽  
The Impact

Raman and Marcus (2007) have studied the impact of Automation in Public sector Banks as per the reflections of bank customers and bank officials belong to Chennai region. Marcus (2006) studied the public sector banks with special reference to selected branches in Chennai city and the perception of customers due to inception of Information Technology in the banking sector. Customers vary in their perception on information technology. In reality, customers are not against for automation and IT inception. The main concern for them is the delay in transaction due to technical snag and the increased cost of operation due to automation. Most of the customers have accounts in the private sector banks and they are well informed about the new development and up gradation that is happening in those banks. The customers believe that crores of money is being spent by the banks in the name of developing software, training the staff in IT and in providing better ambience to keep abreast with the private banks, but the ultimate outcome of which is not noteworthy.The present study is based on the reflections of 674 bank customers of the public sector banks who have various types of bank accounts in the branches of Chennai city. Branches of public sector banks in Chennai city, consisting of 19 nationalized banks and State Bank of India with its 7 Associates were covered in the process. A wide range of customers through various domains of banking operations have been studied to identify their overall perception.

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