Company Law, Corporate Governance and Labour Law
CML5692F COMPANY LAW, CORPORATE GOVERNANCE AND LABOUR LAW
NQF credits: 30 at HEQSF level 9
Higher postgraduate course, first semester. One double lecture (3 hours) per week.
Course convener(s): Ms J Yeats
The course pre-supposes a thorough knowledge and understanding of South African Company Law and Labour Law at LLB level or the equivalent. Students who do not have this qualification should not attempt this course. However, in extremely limited circumstances, and at the sole discretion of the course convener(s), students may be admitted on the basis of alternative qualifications or work experience. Such applications will only be considered if supported by a detailed written motivation accompanied by relevant documentation.
This course straddles and links Company Law and Labour Law by fostering an understanding of Corporate Governance and its underlying philosophies. It introduces a fresh perspective on the relationship between commerce and labour which have historically been cast as adversaries. The role of Corporate Governance in reversing that approach, and the value of doing so for companies themselves, is emphasised. The course may include a study of the Corporate Governance requirements and other relevant legal obligations with reference to inter alia the Companies Act, the King Report, international best practice, the JSE Listings requirements, the Insolvency Act, case law and common law. These Company Law and Corporate Governance rules, principles and policies are then applied and examined through the specific lens of Labour law. In considering selected corporate actions and events, the interactions between Company Law, Corporate Governance, Labour Law and selected aspects of other laws (including for example, Insolvency Law, Contract Law, International Trade Law, Trust Law and Competition Law) are discussed. Here, the need for meaningful Corporate Governance (rather than mere formalistic compliance with its tenets) will be debated, with particular reference to labour relations and the value of doing so for a company’s profit objectives.
DP requirements: Satisfactory attendance at and participation in lectures.
Coursework : 40%
November Examination : 60%