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Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes
Thesis (LLD)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613500187082752 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65631 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:08.061Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65631 Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes Van Eck, B.P.S. mvanstaden@uj.ac.za Botha, C.J. (Christo J.) Van Staden, Marthinus Jacobus UCTD Thesis (LLD)--University of Pretoria, 2017. The study, entitled “Identification of the parties to the employment relationship: an appraisal of teleological interpretation of statutes”, is a legal-interdisciplinary doctrinal investigation situated within the fields of labour law and the interpretation of statutes. It concerns itself with the proper interpretation of labour legislation in general and the interpretive question as to who should be party to the employment relationship in particular, within the context of the advent of constitutionalism and the proliferation of and the increase in the importance of labour legislation. In law, meaning-generation is a function of statutory interpretation and every application of a text to particular circumstances entails interpretation. The protection extended by labour legislation is only extended to those persons who are defined as “employees”. The study describes the teleological model of statutory interpretation, which aims to give effect to the purpose of a legislative provision in light of constitutional values. The study explores the five elements of (teleological) interpretation that should be considered when interpreting concepts such as “employee”: the text, the context, the telos (or values), the history and the comparative dimension. The chief findings of the study includes: that legislation has become an indispensable source of contemporary labour law; that the courts have adopted a teleological approach to the interpretation of statutes; that the courts have, in interpreting the term “employee”, adopted a teleological approach to the interpretation of statutes; and that the interpretations advanced by the courts have not had the profound effect envisaged by the Constitution on the transformation of society. Mercantile Law LLD Unrestricted 2018-07-16T07:56:00Z 2018-07-16T07:56:00Z 2018/04/17 2017 Thesis Van Staden, MJ 2017, Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65631> A2018 http://hdl.handle.net/2263/65631 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes |
| title | Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes |
| title_full | Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes |
| title_fullStr | Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes |
| title_full_unstemmed | Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes |
| title_short | Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes |
| title_sort | identification of the parties to the employment relationship an appraisal of teleological interpretation of statutes |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65631 |