Sibusisiwe Violet Makhanya (1894 – 23 September 1971), first black South African social worker
57-621: Makhanya is a surname. Notable people with the surname include: Sibusisiwe Violet Makhanya (1894–1971), first black South African social worker Joseph Makhanya (born 1981), South African footballer Leonard Makhanya (born 1964), Swazi boxer Mapaseka Makhanya (born 1985), South African middle and long-distance runner Mondli Makhanya , South African journalist Sibonelo Makhanya (born 1996), South African cricketer See also [ edit ] Makhanya v Minister of Finance [REDACTED] Surname list This page lists people with
114-539: A trade union recognized for purposes of collective bargaining , and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights (particularly the discrimination prohibitions under the Civil Rights Act ), most states adhere to the general principle that employer and employee may contract for the dismissal protection they choose. At-will employment remains controversial, and remains
171-465: A 2.9% decline in aggregate employment and recognizing contract exceptions could cause an additional decline of 1.8%. According to Verkerke, the RAND paper received "considerable attention and publicity". Indeed, it was favorably cited in a 2010 book published by the libertarian Cato Institute . However, a 2000 paper by Thomas Miles did not find any effect upon aggregate employment, but found that adopting
228-435: A 2009 article surveying the academic literature from both U.S. and international sources, University of Virginia law professor J.H. Verkerke explained that "although everyone agrees that raising firing costs must necessarily deter both discharges and new hiring, predictions for all other variables depend heavily on the structure of the model and assumptions about crucial parameters." The detrimental effect of raising firing costs
285-410: A central topic of debate in the study of law and economics , especially with regard to the macroeconomic efficiency of allowing employers to summarily and arbitrarily terminate employees. At-will employment is generally described as follows: "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee
342-405: A court stated in 1884 that an employer should be allowed to dismiss any worker, or any number of workers, for any reason at all. An individual, or a collective agreement , according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a "just cause", or that elected employee representatives would have a say on whether
399-411: A dismissal should take effect. However, the position of the typical 19th-century worker meant that this was rare. The at-will practice is typically traced to a treatise published by Horace Gray Wood in 1877, called Master and Servant . Wood cited four U.S. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term
456-603: A fixed term of one year. Over the 19th century, most states in the North adhered to the rule that the period by which an employee was paid (a week, a month or a year) determined the period of notice that should be given before a dismissal was effective. For instance, in 1870 in Massachusetts, Tatterson v. Suffolk Manufacturing Company held that an employee's term of hiring dictated the default period of notice. By contrast, in Tennessee,
513-426: A long-tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. Other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. Every state, including Montana, is at-will by default. However, Montana defaults to a probationary period, after which termination
570-590: A process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. Thirty-six U.S. states have an implied-contract exception. The 14 states having no such exception are: The implied-contract theory to circumvent at-will employment must be treated with caution. In 2006, the Supreme Court of Texas in Matagorda County Hospital District v. Burwell held that
627-412: A provision in an employee handbook stating that dismissal may be for cause, and requiring employee records to specify the reason for termination, did not modify an employee's at-will employment. The New York Court of Appeals, that state's highest court, also rejected the implied-contract theory to circumvent employment at will. In Anthony Lobosco, Appellant v. New York Telephone Company/NYNEX, Respondent ,
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#1733084739707684-528: A time of extreme oppression. Apartheid education in South Africa was severely regulated and intended to ensure Black South African loyalty towards the government. Schools for Black South Africans under the Bantu Education Act promoted racial inequality, and only provided enough education for Blacks to access low-level working jobs after graduation. Racism in South Africa in the mid-20th century
741-455: A “strongly developed sense of what was known at the time of race consciousness.” In the late 1960’s Violet's health became worse. Approaching 70 she was getting ill more often and so it became clear her health was declining. Before she died she said “More cultural and social centers are required. Living apart often creates jealousy, suspicion and lethargy. By coming together the people would learn to work as teams to better their conditions.” By
798-420: Is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause " for termination ), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from
855-543: Is different from Wikidata All set index articles Sibusisiwe Violet Makhanya Born in 1894, Sibusisiwe Violet Makhanya grew up in Umbumbulu, Natal, South Africa . After graduating from school, Makhanya traveled to America, where she attended Columbia University at the Teachers College . There, she studied to become a teacher before eventually returning back to Natal. Makhanya opposed social norms at
912-601: Is equally free to quit, strike, or otherwise cease work." In an October 2000 decision largely reaffirming employers' rights under the at-will doctrine, the Supreme Court of California explained: Labor Code section 2922 establishes the presumption that an employer may terminate its employees at will, for any or no reason. A fortiori, the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment. Because
969-423: Is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists." Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify
1026-423: Is generally accepted in mainstream economics (particularly neoclassical economics ); for example, professors Tyler Cowen and Alex Tabarrok explain in their economics textbook that employers become more reluctant to hire employees if they are uncertain about their ability to immediately fire them. However, according to contract theory , raising firing costs can sometimes be desirable when there are frictions in
1083-669: Is only lawful if for good cause. Although all U.S. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti-discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. Other reasons an employer may not use to fire an at-will employee are: Examples of federal statutes include: The doctrine of at-will employment has been heavily criticized for its severe harshness upon employees. It has also been criticized as predicated upon flawed assumptions about
1140-455: Is unique in that, although it purports to preserve the at-will concept in employment law, it also expressly enumerates the legal basis for a wrongful discharge action. Under the WDEA, a discharge is wrongful only if: "it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy; the discharge was not for good cause and the employee had completed
1197-399: Is when its story started to spread. The article described how the herdboys arrived at their class after herding cattle all day. Most of the classes lasted for about two hours every day of the week, usually during the night, and the young herd boys were seen outside her house playing football right before classes would start. When the lessons were over, a lineup started to form for supper, which
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#17330847397071254-495: The National Labor Relations Board has opposed as unlawful the practice of including in such disclaimers language declaring that the at-will nature of the employment cannot be changed without the written consent of senior management. The original common law rule for dismissal of employees according to William Blackstone envisaged that, unless another practice was agreed, employees would be deemed to be hired for
1311-444: The surname Makhanya . If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding the person's given name (s) to the link. Retrieved from " https://en.wikipedia.org/w/index.php?title=Makhanya&oldid=1222848424 " Categories : Surnames Bantu-language surnames Hidden categories: Articles with short description Short description
1368-626: The Bantu Youth League – a community center that advocated for health and Christian values. Makhanya is also credited with having started the equivalent of Boy and Girl Scout groups in South Africa. These groups were called the Bantu Purity League and the Pathfinder and Wayfarer Associations, respectively. Makhanya ultimately left teaching to work full-time in running the Bantu Purity League. Makhanya began her career in
1425-418: The court restated the prevailing rule that an employee could not maintain an action for wrongful discharge where state law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at-will employment relationship. In the same 2000 decision mentioned above, the Supreme Court of California held that
1482-423: The dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power . At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during
1539-415: The disruptions they lived in due to the difference between the patriarchal mission christianity and the form of south africa and its racially structured capitalist which was based on the migrant labor system. Violet was described as being an outstanding zulu woman, and zulu women being the best of her generation in reality it was more complex to adapt to the model of education. But one thing that violet had
1596-516: The employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. No U.S. state but Montana has chosen to statutorily modify the employment at-will rule. In 1987, the Montana legislature passed the Wrongful Discharge from Employment Act (WDEA). The WDEA
1653-457: The employer's probationary period of employment; or the employer violated the express provisions of its own written personnel policy." The doctrine of at-will employment can be overridden by an express contract or civil service statutes (in the case of government employees). As many as 34% of all U.S. employees apparently enjoy the protection of some kind of "just cause" or objectively reasonable requirement for termination that takes them out of
1710-584: The employer's termination decisions, however arbitrary, do not breach such a substantive contract provision, they are not precluded by the covenant. At-will employment disclaimers are a staple of employee handbooks in the United States. It is common for employers to define what at-will employment means, explain that an employee's at-will status cannot be changed except in a writing signed by the company president (or chief executive), and require that an employee sign an acknowledgment of their at-will status. However,
1767-439: The employment relationship is "fundamentally contractual" (Foley, supra, 47 Cal.3d 654, 696), limitations on these employer prerogatives are a matter of the parties' specific agreement, express or implied in fact. The mere existence of an employment relationship affords no expectation, protectible by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms. Thus if
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1824-435: The first case to adopt Wood's rule was Martin v. New York Life Insurance Company (1895). Justice Edward T. Bartlett wrote that New York law now followed Wood's treatise, which meant that an employee who received $ 10,000, paid in a salary over a year, could be dismissed immediately. The case did not make reference to the previous authority. Four years earlier, Adams v. Fitzpatrick (1891) had held that New York law followed
1881-438: The general practice of requiring notice similar to pay periods. However, subsequent New York cases continued to follow the at-will rule into the early 20th century. Some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. Thus was born the U.S. at-will employment rule, which allowed discharge for no reason. This rule
1938-463: The good faith exception does reduce job flows, and seems to cause labor productivity to rise but total factor productivity to drop. In other words, employers forced to find a "good faith" reason to fire an employee tend to automate operations to avoid hiring new employees, but also suffer an impact on total productivity because of the increased difficulty in discharging unproductive employees. Other researchers have found that at-will exceptions have
1995-526: The implied contract exception causes use of temporary employment to rise as much as 15%. Later work by David Autor in the mid-2000s identified multiple flaws in Miles' methodology, found that the implied contract exception decreased aggregate employment 0.8 to 1.6%, and confirmed the outsourcing phenomenon identified by Miles, but also found that the tort exceptions to at-will had no statistically significant influence. Autor and colleagues later found in 2007 that
2052-459: The inherent distribution of power and information in the employee-employer relationship. On the other hand, libertarian scholars in the field of law and economics such as Professors Richard A. Epstein and Richard Posner credit employment-at-will as a major factor underlying the strength of the U.S. economy. At-will employment has also been identified as a reason for the success of Silicon Valley as an entrepreneur-friendly environment. In
2109-448: The late 19th century, and was endorsed by the U.S. Supreme Court during the Lochner era , when members of the U.S. judiciary consciously sought to prevent government regulation of labor markets . Over the 20th century, many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether. In workplaces with
2166-473: The length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied-in-fact contract not to terminate except for cause. Eleven US states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at-will employment. The states are: Court interpretations of this have varied from requiring "just cause" to denial of terminations made for malicious reasons, such as terminating
2223-589: The pink states have the 'exception', which protects the employee. As of October 2000 , 42 U.S. states and the District of Columbia recognize public policy as an exception to the at-will rule. The 8 states which do not have the exception are: Thirty-six U.S. states (and the District of Columbia) also recognize an implied contract as an exception to at-will employment. Under the implied contract exception, an employer may not fire an employee "when an implied contract
2280-463: The profession, which further impacted the quality of education that Black South Africans were able to receive. Violet’s first interaction with education was when she started a night school specifically for herdboys as well as a winter school for both girls and women which started as a Sunday school. Violet organized big meetings every year for her community leaders. Many articles were written about Violet’s Community Center in their local newspapers, which
2337-470: The profession. Pay for white male teacher assistants (less qualified, support figures in classrooms) was over double that of salaries for single Black female teachers (highly qualified educators), and nearly three times that of married Black female teachers. Black educators were also classified as the modern-day equivalent of “ at-will employees ” and were subjected to unjust firings. This lack of job security led to many teachers leaving
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2394-450: The pure "at-will" category, including the 7.5% of unionized private-sector workers, the 0.8% of nonunion private-sector workers protected by union contracts, the 15% of nonunion private-sector workers with individual express contracts that override the at-will doctrine, and the 16% of the total workforce who enjoy civil service protections as public-sector employees. Under the public policy exception, an employer may not fire an employee if
2451-539: The termination would violate the state's public policy doctrine or a state or federal statute. This includes retaliating against an employee for performing an action that complies with public policy (such as repeatedly warning that the employer is shipping defective airplane parts in violation of safety regulations promulgated pursuant to the Federal Aviation Act of 1958 ), as well as refusing to perform an action that would violate public policy. In this diagram,
2508-430: The time by refusing to get married, and instead pursuing an independent career. Known as Sibusisiwe or Violet (depending on the social circle she was interacting with), Makhanya made waves in the struggling educational environment that existed during apartheid. Makhanya was an active advocate for educating young girls about the need to remain pure and abstain from sex prior to marriage, and subsequently helped form
2565-547: The time of her death on 23 September 1971, Makhanya had never married. Relatives noted that she was likely too outspoken and stubborn for a long-term partnership, and friends stated that she was too busy to marry. After her death, Makhanya was honored through the dedication of a local high school in her name, as well as through recognition of her work at the Umbumbulu Community Center. At-will employment In United States labor law , at-will employment
2622-490: The time, as it allowed her the ability to achieve a higher-ranking job than what education under apartheid typically offered. Like most Black educators during apartheid, Makhanya likely was at risk of experiencing an unfair work environment. Overt racism in the educational system also played a role in deterring Black South Africans from seeking teaching jobs. Poor government funding led to inadequate teacher salaries, which discouraged many Black educators from joining
2679-500: The working of markets. For instance, Schmitz (2004) argues that employment protection laws can be welfare-enhancing when principal-agent relationships are plagued by asymmetric information . The first major empirical study on the impact of exceptions to at-will employment was published in 1992 by James N. Dertouzos and Lynn A. Karoly of the RAND Corporation , which found that recognizing tort exceptions to at-will could cause up to
2736-419: The “simple minded feminist assumptions of the power of sisterhood in which the fracture of class,age,and ethnicity are of no account.” Who all share their differences and passions for education.” The book addresses “what is a burning issue in contemporary south africa,the nature of black education and educational institutions.” Violet's life was constantly shaped by the patriarchy of their own community and
2793-531: Was able to offer her a spot where she stayed until 1923. Between 1923 and 1927 she was appointed by the board to take charge of the Grey Street Young Women’s Hostel in Durban. Looking through Violet's educational involvement, a book called “Not Either an Experimental Doll” describes her story through letters. Through a sisterhood of Mabel Palmer , Lili Moya and Sibusisiwe Makhanya which shows
2850-634: Was able to pick a day and called it Cement Sunday. Its goal was to get funds to be able to finally build the schoolhouse. A lady called Lucy Johnston donated 5000 pounds after she died. Through this donation, Violet was able to build the classroom she wanted. Later in her career, her first official teaching position was run by the American Board missionaries in Eastern Cape Province. She was able to work in Bizana for about three years. In 1916 her alma mater
2907-756: Was adopted by all U.S. states . In 1959, the first judicial exception to the at-will rule was created by one of the California Courts of Appeal . Later, in a 1980 landmark case involving ARCO , the Supreme Court of California endorsed the rule first articulated by the Court of Appeal. The resulting civil actions by employees are now known in California as Tameny actions for wrongful termination in violation of public policy. Since 1959, several common law and statutory exceptions to at-will employment have been created. Common law protects an employee from retaliation if
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#17330847397072964-409: Was for one year. In Toussaint v. Blue Cross & Blue Shield of Michigan , the Court noted that "Wood's rule was quickly cited as authority for another proposition." Wood, however, misinterpreted two of the cases which in fact showed that in Massachusetts and Michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. In New York,
3021-413: Was her powerful personality and she had a secure background. Her pride in her zulu identity and the focus of her mission was able to ensure that she would never suffer as much as her other sisterhood. When Violet was younger she was known to be in mission circles , she was able to take this interest in community affairs and through this she as able to establish and organize Bantu Purity League. Her goal
3078-411: Was looking away from the old ways but when she was getting older she saw the value of tradition. But for her this meant absorbing foreign social institutions and making them compatible with the indigenous ones was key to success. With her returning to Umbumbulu , she organized another youth movement called Bantu Youth League. Violet was a woman of spirit and independence, which the book explains led her to
3135-707: Was rampant and was seen through social organization methods that were utilized during apartheid. The color-caste system was a ranking system used under apartheid that organized races by tiers – with whites being on top, and Black South Africans being at the bottom. Bantu Education Act-era schooling perpetuated the color-caste system through curriculum disparity. Whereas white students were taught how to pursue high-level jobs that would guarantee they remained socially affluent, Black South Africans were only educated on how to fill labor-heavy roles that would benefit segregationists. Sibusisiwe Makhanya’s level of education differentiated her from many other Black South Africans at
3192-482: Was served on the back stoep of the center. Since it was later in the night, Violet organized places for the students to stay because there was no transportation. Later in her career, Violet also created education classes for older adults and was able to run a small library at a clinic in Umbumbulu . The community center she worked at needed a schoolhouse, and Violet asked for a cement donation from her close community. She
3249-551: Was to improve the moral standard of African girls. With both working, the Bantu league and night school impressed the Phelps Stokes commission on education while they were visiting Natal. But she actively refused to be shaped by the philanthropic and instead rebelled against this system. Violet figured out the key to coping with the pressure of capitalism which was adaptation to westernization and education. This did not mean for her that she
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