Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

System signs of statutory regulation of occupational health and safety in the Republic of Poland

2021 ◽  
Vol 28 (3) ◽  
pp. 238-247
Author(s):  
Vitaly L. Yarotskiy ◽  
Yuriy D. Dreval ◽  
Svitlana O. Zaika
Keyword(s):  
Occupational Health ◽  
System Analysis ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Legal Regulation ◽  
State Socialism ◽  
Labour Relations ◽  
Legal Method ◽  
The Republic ◽  
Statutory Regulation

The study analyses the question of the essence and structure of statutory regulation of occupational health and safety in the Republic of Poland. The relevance of the subject under study is primarily explained by the fact that in Poland, against the background of undoubted economic success, there is an intensive process of improving the legal and organisational foundations of the corresponding range of social and labour relations. The study of this issue is of paramount importance for those countries that had approximately the same “starting conditions” with Poland – the recurrence of state socialism, which devalued the principles of a market economy and the possibility of full protection of working people. The purpose of this study is to present and substantiate the systemic features of occupational health and safety in the Republic of Poland in difficult present-day conditions. The study is based on understanding the methodology as a complex integrated system of perception of reality and scientific cognition, and conducted based on the necessary scope of methods, namely: method of system analysis, historical legal method, structural-functional method, comparison method, special comparative legal method, and cross-temporal analysis. The authors of the present paper noted that the statutory regulation of occupational health and safety in the Republic of Poland has all the features of systemic nature. Most importantly, this is explained by the harmonious correlation of two components: purely statutory and legal support of the corresponding share of social and labour relations. Notably, the statutory regulation of occupational health and safety is undergoing continuous improvement depending on current challenges and threats. For countries that have been united with Poland in the recent past in the form of state socialism, the experience of establishing the work of tripartite participants in social dialogue (government agencies, employers' and workers' representatives) is also important. The scientific value of the present paper primarily lies in the necessity and feasibility of analysing the systemic features of statutory regulation of occupational health and safety. In this case, it is important to use both the method of system analysis and a clear distinction between the concepts “system research” and “research of systems” (the latter in this case appears both as a system of legal regulation of occupational health and safety and as a complex set of public authorities and other organisations involved in the important task of ensuring due occupational health and safety)

scholarly journals Behavioural actions of shop-floor employees towards occupational health and safety measures during the COVID-19 pandemic restrictions: A case of the agriculture Industry in Zimbabwe

2020 ◽  
Vol 54 (3) ◽  
pp. 888-919
Author(s):  
Sauti Christian
Keyword(s):  
Occupational Health ◽  
Trade Unions ◽  
Cultural Beliefs ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Disciplinary Action ◽  
Shop Floor ◽  
Awareness Campaigns ◽  
Counterproductive Behaviours

COVID-19 pandemic has brought massive suffering to many workers globally. It has disrupted the normalcy and socio-economic fabric in many societies and has redefined the nature of the world of work. Several restrictions and measures to mitigate the spread and implications of Coronavirus have been put in place through government and individual employer efforts. These include the compulsory use of masks, body temperature tests, avoidance of unnecessary movement and maintenance of social/physical distancing among other occupational health and safety practices. Based on the findings from two selected timber sector organisations in Zimbabwe, employees have non-congruent behavioural actions to conform and adhere to the OHS measures for COVID-19. The management believes that shop-floor employees are not scared of the pandemic; they think that the virus is an illusion. Employees resist respecting social/physical distancing due to their cultural beliefs and value; some are even stealing hand sanitisers for other uses rather than the prevention of COVID-19. The study recommends effective training, awareness campaigns and effective communication for culture change and to help workers appreciate that COVID-19 is very deadly and is a reality. Taking disciplinary action for non-compliance of shop-floor employees has created negative perceptions and led to counterproductive behaviours among workers towards efforts to manage and control the spread of COVID-19 in the workplace. Trade unions and worker committees have a role to play in enhancing communication and advancing workers interests for improvement of decent working conditions in the face of Coronavirus. The state and employers should ensure respect for fundamental rights of the precariats who are soldering on in the pandemic context.

Nudging for Prevention in Occupational Health and Safety in South Africa Using Fiscal Policies

2017 ◽  
Vol 27 (2) ◽  
pp. 176-188
Author(s):  
Pieter de Jager ◽  
David Rees ◽  
Sophia Kisting ◽  
Spo Kgalamono ◽  
Mpume Ndaba ◽  
...  
Keyword(s):  
South Africa ◽  
Primary Prevention ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Exposures ◽  
Occupational Health And Safety ◽  
Face Validity ◽  
Fiscal Policies ◽  
Policy And Practice ◽  
Policy Interventions

Currently, in some countries occupational health and safety policy and practice have a bias toward secondary prevention and workers’ compensation rather than primary prevention. Particularly, in emerging economies, research has not adequately contributed to effective interventions and improvements in workers’ health. This article, using South Africa as a case study, describes a methodology for identifying candidate fiscal policy interventions and describes the policy interventions selected for occupational health and safety. It is argued that fiscal policies are well placed to deal with complex intersectoral health problems and to focus efforts on primary prevention. A major challenge is the lack of empirical evidence to support the effectiveness of fiscal policies in improving workers’ health. A second challenge is the underprioritization of occupational health and safety partly due to the relatively small burden of disease attributed to occupational exposures. Both challenges can and should be overcome by (i) conducting policy-relevant research to fill the empirical gaps and (ii) reconceptualizing, both for policy and research purposes, the role of work as a determinant of population health. Fiscal policies to prevent exposure to hazards at work have face validity and are thus appealing, not as a replacement for other efforts to improve health, but as part of a comprehensive effort toward prevention.

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