Termination of the contract of employment not constituting dismissal

Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances

h analogue of Newton's binomial formula

In this letter, the $h$--analogue of Newton's binomial formula is obtained in the $h$--deformed quantum plane which does not have any $q$--analogue. For $h=0$, this is just the usual one as it should be. Furthermore, the binomial coefficients reduce to $\frac{n!}{(n-k)!}$ for $h=1$. \\ Some properties of the $h$--binomial coefficients are also given. \\ Finally, I hope that such results will contribute to an introduction of the $h$--analogue of the well--known functions, $h$--special functions and $h$--deformed analysis.Comment: 6 pages, latex Jounal-ref: J. Phys. A: Math. Gen. 31 (1998) L75

Hole crystallization in semiconductors

When electrons in a solid are excited to a higher energy band they leave behind a vacancy (hole) in the original band which behaves like a positively charged particle. Here we predict that holes can spontaneously order into a regular lattice in semiconductors with sufficiently flat valence bands. The critical hole to electron effective mass ratio required for this phase transition is found to be of the order of 80.Comment: accepted for publication in J. Phys. A: Math. Ge

Investigation of thin films of organic-based magnets grown by physical vapor deposition

Thin films of organic-based magnet, V[TCNE]x (TCNE: tetracyanoethylene), were deposited by physical vapor deposition (PVD) based reactive evaporation. The growth conditions were studied in detail. A saturated composition of V[TCNE]???1.9 was determined by optimizing the growth condition. Two sets of films with different V to TCNE ratios were characterized. Both films were magnetic ordered up to 400 K and held coercive field of 60 Oe at room temperature. With the presence of excess vanadium within the film, the increase of defects created by PVD results in significant change in electronic property.open0

Casimir Effect in Hyperbolic Polygons

We derive a trace formula for the spectra of quantum mechanical systems in hyperbolic polygons which are the fundamental domains of discrete isometry groups acting in the two dimensional hyperboloid. Using this trace formula and the point splitting regularization method we calculate the Casimir energy for a scalar fields in such domains. The dependence of the vacuum energy on the number of vertexes is established.Comment: Latex, 1

Understanding the edge effect in TASEP with mean-field theoretic approaches

We study a totally asymmetric simple exclusion process (TASEP) with one defect site, hopping rate $q<1$, near the system boundary. Regarding our system as a pair of uniform TASEP's coupled through the defect, we study various methods to match a \emph{finite} TASEP and an \emph{infinite} one across a common boundary. Several approximation schemes are investigated. Utilizing the finite segment mean-field (FSMF) method, we set up a framework for computing the steady state current $J$ as a function of the entry rate $$ and $q$. For the case where the defect is located at the entry site, we obtain an analytical expression for $J(\alpha, q)$ which is in good agreement with Monte Carlo simulation results. When the defect is located deeper in the bulk, we refined the scheme of MacDonald, et.al. [Biopolymers, \textbf{6}, 1 (1968)] and find reasonably good fits to the density profiles before the defect site. We discuss the strengths and limitations of each method, as well as possible avenues for further studies.Comment: 16 pages, 4 figure

Dual sightline measurements of MeV range deuterons with neutron and gamma-ray spectroscopy at JET

Observations made in a JET experiment aimed at accelerating deuterons to the MeV range by third harmonic radio-frequency (RF) heating coupled into a deuterium beam are reported. Measurements are based on a set of advanced neutron and gamma-ray spectrometers that, for the first time, observe the plasma simultaneously along vertical and oblique lines of sight. Parameters of the fast ion energy distribution, such as the high energy cut-off of the deuteron distribution function and the RF coupling constant, are determined from data within a uniform analysis framework for neutron and gamma-ray spectroscopy based on a one-dimensional model and by a consistency check among the individual measurement techniques. A systematic difference is seen between the two lines of sight and is interpreted to originate from the sensitivity of the oblique detectors to the pitch-angle structure of the distribution around the resonance, which is not correctly portrayed within the adopted one dimensional model. A framework to calculate neutron and gamma-ray emission from a spatially resolved, two-dimensional deuteron distribution specified by energy/pitch is thus developed and used for a first comparison with predictions from ab initio models of RF heating at multiple harmonics. The results presented in this paper are of relevance for the development of advanced diagnostic techniques for MeV range ions in high performance fusion plasmas, with applications to the experimental validation of RF heating codes and, more generally, to studies of the energy distribution of ions in the MeV range in high performance deuterium and deuterium-tritium plasmas.This work has been carried out within the framework of the EUROfusion Consortium and has received funding from the Euratom research and training programme 2014-2018 under grant agreement No 633053. The views and opinions expressed herein do not necessarily reflect those of the European Commission.Postprint (author's final draft

Noncommutative Inspired Black Holes in Extra Dimensions

In a recent string theory motivated paper, Nicolini, Smailagic and Spallucci (NSS) presented an interesting model for a noncommutative inspired, Schwarzschild-like black hole solution in 4-dimensions. The essential effect of having noncommutative co-ordinates in this approach is to smear out matter distributions on a scale associated with the turn-on of noncommutativity which was taken to be near the 4-d Planck mass. In particular, NSS took this smearing to be essentially Gaussian. This energy scale is sufficiently large that in 4-d such effects may remain invisible indefinitely. Extra dimensional models which attempt to address the gauge hierarchy problem, however, allow for the possibility that the effective fundamental scale may not be far from $\sim$ 1 TeV, an energy regime that will soon be probed by experiments at both the LHC and ILC. In this paper we generalize the NSS model to the case where flat, toroidally compactified extra dimensions are accessible at the Terascale and examine the resulting modifications in black hole properties due to the existence of noncommutativity. We show that while many of the noncommutativity-induced black hole features found in 4-d by NSS persist, in some cases there can be significant modifications due the presence of extra dimensions. We also demonstrate that the essential features of this approach are not particularly sensitive to the Gaussian nature of the smearing employed by NSS.Comment: 30 pages, 12 figures; slight text modifications and references adde