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Employee protection during business rescue proceedings in South Africa : a comparative perspective
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867614024647049216 |
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| access_status_str | Open Access |
| author | Martin, Kelly Jo |
| author2 | Bradstreet, Richard Stanton |
| author_browse | Bradstreet, Richard Stanton Martin, Kelly Jo |
| author_facet | Bradstreet, Richard Stanton Martin, Kelly Jo |
| author_sort | Martin, Kelly Jo |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/9168 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:45:28.266Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/9168 Employee protection during business rescue proceedings in South Africa : a comparative perspective Martin, Kelly Jo Bradstreet, Richard Stanton Includes bibliographical references. The Companies Act 71 of 2008 (hereafter ‘the Companies Act 2008’) came into force in 2011, bringing with it a corporate rescue regime called ‘business rescue’. If a business is placed under business rescue there are a multitude of legal consequences that follow. A thorough reading of the business rescue provisions reveals that employees are granted a large number of important rights and protections when their employer is placed under business rescue. This dissertation consolidates the company law and labour law aspects of this area of law in order to gain comprehensive understanding of the protection given to employees during business rescue. It is important for lawyers, employees, employers and business rescue practitioners to understand what rights employees have during business rescue in order for those rights to be enforced and utilised effectively. While the protection of employees is undeniably an important objective, it has been argued that the amount of protection afforded to employees in chapter 6 is worrying in that their over-protection could potentially be detrimental to the overall success of the business rescue proceedings. This may ultimately have a negative effect on employees as it is in the best interests of the employees for the business rescue proceedings to be successful. The focus of this dissertation is therefore on whether employees in South Africa are afforded too much protection during business rescue proceedings and, if so, which provisions are problematic. 2014-11-05T03:54:01Z 2014-11-05T03:54:01Z 2013 Master Thesis Masters LLM http://hdl.handle.net/11427/9168 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Martin, Kelly Jo Employee protection during business rescue proceedings in South Africa : a comparative perspective |
| thesis_degree_str | Master's |
| title | Employee protection during business rescue proceedings in South Africa : a comparative perspective |
| title_full | Employee protection during business rescue proceedings in South Africa : a comparative perspective |
| title_fullStr | Employee protection during business rescue proceedings in South Africa : a comparative perspective |
| title_full_unstemmed | Employee protection during business rescue proceedings in South Africa : a comparative perspective |
| title_short | Employee protection during business rescue proceedings in South Africa : a comparative perspective |
| title_sort | employee protection during business rescue proceedings in south africa a comparative perspective |
| url | http://hdl.handle.net/11427/9168 |
| work_keys_str_mv | AT martinkellyjo employeeprotectionduringbusinessrescueproceedingsinsouthafricaacomparativeperspective |