Masters Degrees (Centre for Human Rights Law)

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Browsing Masters Degrees (Centre for Human Rights Law) by Subject "Bill of Rights"

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    Protecting the rights of employees in South Africa during the COVID-19 pandemic: the role of national human rights institutions (NHRIs)
    (University of the Free State, 2023) Boko, Esihle; Ozoemena, Rita
    The relationship between employees and employers is built on mutual trust and both the employees and employers have rights that are outlined by common law and legislation. Workers' rights are outlined by South Africa’s Constitution as well as various acts that include the Labour Relations Act. The government established National Human Rights Institutions (NHRIs) so they could be the independent organisations responsible for ensuring that there is an integration of the protection of human rights. This study focused on whether the National Human Rights Institutions succeeded in protecting the rights of employees during the COVID-19 pandemic lockdown. To achieve this the qualitative research methodology was applied. Secondary data was collected and analysed through the use of methods and techniques of an exploratory, descriptive, and contextual research design. The provisions of the legislation associated with the protection of employees’ rights such as the Bill of Rights, and the responsibilities of the NHRIs were analysed in the context of how they were practised during the lockdown. The focus was on whether the rights of workers were not compromised because of the sudden changes that were made by the government to protect its citizens from becoming sick or dying due to the Coronavirus. The findings show that the rights of employees were compromised and violated in various ways including employers unilaterally changing work contracts, leading to a reduction in the salaries of workers. Some employees were also retrenched because they did not agree to the mandatory vaccination requirement. Others who provided essential services were not provided with the needed protective apparel, such as front-line health workers who performed community work with personal protection equipment. This shows that NHRIs failed to ensure that the rights of employees were protected during the COVID-19 era. The recommendation is that there is a need for a nationwide collaboration led by the government and NHRIs to develop strategic plans on how this failure can be prevented in future, should South Africa be faced with another state of emergency.