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Title: | Democratisation of employment in the public sector: a constitutional perspective grounded in the interpretation of litigated cases between 1996 and 2013 |
Author: | Van der Westhuizen, Ernst J. |
Year: | 2015 |
Periodical: | Politeia: Journal for Political Science and Public Administration (ISSN 0256-8845) |
Volume: | 34 |
Issue: | 2 |
Pages: | 59-77 |
Language: | English |
Geographic term: | South Africa |
Subjects: | employment public services working conditions |
External link: | https://unisapressjournals.co.za/index.php/Politeia/article/view/662 |
Abstract: | Employment in the South African public sector has reached a stage where it can be regarded as being fairly democratised. Democratised, in this context, refers to a democratic order where the state acknowledges key interest groups, such as public employees, as important role players in the procedures,systems and structures of government. One major structural arrangement which has been developed in this regard is the entrenchment of democratic values and principles, such as the acknowledgement of basic human rights as contained in the Constitution of the Republic of South Africa (1996), which sets out a framework for a new democratic order in workplaces. The courts play an important role in safeguarding the fundamental rights of employees.This article highlights the democratic values and principles that govern public administration and discusses court decisions and their implications for public sector employment theory and practice. Using a qualitative research method, in which litigated court cases filed from 1996 to 2013 are interpreted and analysed, this article reports that public employees are mistreated in the workplaces and that their human rights are abused. Emerging areas of concern are unequal treatment, discrimination and unfair labour practices. Bibliogr., notes, ref., sum. [Journal abstract] |