Summary
Summary - LLB (LCCL202)
- Course
- Institution
law on drinking and driving
[Show more]
Seller
Follow
nothandongema
Content preview
lOMoARcPSD|18726350Sample OF Doctrinal Legal Research Proposal
Research methodology and modern social problems (University of Zululand)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Nothando Ngema (n.u.ngema@gmail.com)
, lOMoARcPSD|18726350
Page |1
Faculty of Commerce, Administration and Law
RESEARCH PROPOSAL
For the degree of
Masters of Laws
In the field of Labour Law
With the provisional title:
Analysis of labour laws pertaining to liability for damages caused by workers during
violent strikes.
FACULTY OF Commerce, Administration and Law
Candidate name:
Student number:
Internal examiners:
External examiner:
August 2021
Downloaded by Nothando Ngema (n.u.ngema@gmail.com)
, lOMoARcPSD|18726350
Page |2
TABLE OF CONTENTS
Contents. Page no.
1. Introduction 3
2. Preliminary literature review 10
3. Problem statement 15
4. Aim of the study 18
5. Objectives of the study 19
6. Research questions 19
7. Research methodology 20
8. Ethical consideration 21
9. Resources 22
10. Intended contribution to the body of knowledge 23
11. Intellectual property 23
12. Harvesting the research 23
13. Work schedule 24
14. Preliminary Chapters 25
15. Bibliography 27
16. Declaration by the candidate 31
17. Declaration by the supervisor 32
Downloaded by Nothando Ngema (n.u.ngema@gmail.com)
, lOMoARcPSD|18726350
Page |3
1) Introduction.
Strikes are one of the bargaining tools used by workers to advance their interests. 1
Historically, strikes can be traced as far back as the industrial revolution of the late
18th and early 19th centuries.2 They originated from the need to address the power
imbalance between employees and employers 3. Customarily, employers have had
financial muscle to advance their interests, whereas the strength of workers lies in
their collectivism4.
In terms of the common law and prior to democratic dispensation, employees were
not allowed to embark on a strike, regardless of their disputes or dissatisfaction in
the workplace.5 The employer had total control, when employees embarked on a
strike/ industrial action, the employer could retrench and hold the employees who
embarked on an industrial action liable and claim damages 6. This particular power
and control brought fear to employees and created hesitation to embark on industrial
action.7 This situation has changed in South Africa when the new democratic
dispensation came, which led to the establishment, drafting and adoption of the
constitution of South Africa.
South African labour law has evolved greatly from the past since the country
obtained its democratic breakthrough. The 1996 constitution of South Africa 8 and the
Labour Relations Act9 66 of 1995 gave recognition to many fundamental human
rights of all citizens of the Republic and employees in particular.
1 A Levy ‘Can Anybody Hear Me? The Audi Rule and the Dismissal of Strikers’ (2010) 31 ILJ 825, 831.
2 E Yavuz ‘The Industrial Revolution and Consequences’ 2 available at
https://www.yeditepe.edu.tr/dotAsset/74101.pdf, accessed on 4 August 2019.
3 J Brand ‘Strikes in Essential Services’ paper presented to the South African Society for Labour Law
(SASLAW) (2010) 1 available at http://www.saslaw.org.za/papers/Strikes%20in%20Essential
%20Services.doc, accessed on 29 June 2019.
4 E Manamela & M Budeli ‘Employees’ Right to Strike and Violence in South Africa’ (2013) 46 CILSA
308,
5 Bendix Industrial Relations 81.
6 M McGregor& NP Laqwela’Labour Law Rules’2012
7 Godrey, Theron and Visser.2007. www.dpru.uct.ac.za 23
8 Section 23 (1) –(3) of the Constitution afforded employees the right to strike, to collectively bargain
and to join trade unions
9 Section 64(1) of the (Labour Relations Act) LRA states that every employee has the right to strike
and every employer has the right to a lock-out.
Downloaded by Nothando Ngema (n.u.ngema@gmail.com)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nothandongema. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.71. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82956 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now