National Diploma: Labour Relations Practice: Dispute Resolution
Qual ID: 93994 LP 49784
NQF Level: 5
Minimum Credits: 241
Services Seta Qualification
This qualification is on a learning pathway that underpins a career in the Labour Relations arena. A large number of the competencies developed in the qualification are rooted in actual workplace practice and should lead to greater productivity resulting from the improved performance by the learner through the integration of knowledge and workplace practice.
The Qualification includes but is not limited to:
- HR practitioners.
- Senior managers in the Bargaining Councils.
- Department of Labour officers.
- Labour brokers.
- Arbitration facilitators.
- Union officials.
- (CCMA) Panellists and Commissioners.
- Public and/or private agents providing labour law advice.
- Industrial Relations consultants.
- Dispute Resolution managers.
Specifically the purpose is to:
- Equip learners who might be panellists/commissioners to identify and conciliate disputes in the labour relations sector, using conciliation, arbitration and mediation processes relating to the underlying principles of Labour Relations legislation and associated Human Resource Development legislation.
- Provide career paths through associated learnerships at various levels in areas of the Labour Relations environment.
- Provide for mobility of learning into associated areas such as Human Resource Practice, Arbitration, Consulting, Public service etc.
- Equip learners to become effective employees, employers and/or self-employed members of society.
- Develop a richer learning environment in the field of Labour Relations through high-quality lifelong learning.
- Improve the Labour Relations skills of employees in the sector.
- Enable the learner to assist within his/her community and thereby contribute towards social and economic transformation.
- Ensure the development of competence in the Labour Relations field, which is an important arena for social and economic transformation in the country.
Qualifying learners will acquire a range of Fundamental, Core and Elective competencies in the areas of:
- Labour Relations Practice.
- Specialised functions.
- Standard processes.
- Management skills.
This qualification articulates horizontally with the following qualifications:
- Qualifications in Business Consulting Practice at NQF Level 5.
- National Certificate: Management: Level 5.
- Qualifications in Labour Relations Practice at NQF Level 6.
The National Diploma in Labour Relations Practice: Dispute Resolution is part of a learning pathway in Labour Relations.
With the advent of democratic government in South Africa in 1994 an entirely new approach to Labour Relations Practice (LRP) in South Africa has emerged. There has been the establishment of new statutory structures with implications for every level of labour relations in the country.
The Qualification is designed to meet the needs of the learners who are already employed and involved in the fields of Labour Relations and/or Labour Law. Additionally, it will also meet the needs and aspirations of the unemployed who wish to pursue a career in Labour Relations and associated fields.
The qualification addresses the needs of adult learners who want to enter the sector or develop their careers in one or more of the related sub-fields. This qualification would also be relevant to many Human Resources (HR) practitioners. Since the Diploma is part of a learning pathway, it will allow mobility to persons operating at any level in this field.
The qualification provides learners with specific learning and skills related to disputes and breaches as regulated by Labour Law. It will deepen their understanding of the South African Labour Relations field and will underpin their ability to use this learning in various organisational environments. The development of competence in this field will lead to better service delivery, institutional longevity, the promotion of wealth and job creation. Application of the learning achieved in completing this qualification will also assist affected employed and unemployed persons to enforce their labour rights, while at the same time enabling them to become aware of their obligations as active participants in society and the economy.
This Diploma is designed to enable individuals to develop theoretical competencies and practical skills to operate effectively in the field because knowledge of the application of labour legislation is a business imperative and necessary for the strategic and operational success of any organisation.
Practitioners and/or organisations in the following fields would have an interest in the qualification:
- The Commission for Conciliation, Mediation and Arbitration (CCMA).
- The Department of Labour.
- Labour law, labour courts (including appeal courts) and labour consultants.
- Bargaining and statutory councils.
- Private labour agents.
- Public and private labour advice offices.
- Law firms, particularly labour lawyers.
- Commercial organisations.
The impact of the qualification on society and the economy is reflected in the multiple job roles and careers that can stem from the qualification, including self-employment opportunities, job creation opportunities and the development of learners who are employed within the private or public sector. It can further stimulate and support skills development in the SMME sector.
The Diploma is structured to support the ability of public and other agencies to enforce the rights and obligations of both employers and employees.
In order to enroll for this qualification you will be required to have completed the National Certificate: Labour Relations Practice NQF Level 5.
Exit Level Outcomes
Once you have completed this qualification you will be able to:
- Communicate information effectively using means appropriate to the context.
- Facilitate and manage different parties through a smooth and fair negotiation process within the South African legal framework.
- Identify and manage labour disputes and issues for negotiation using organisational core and non-core standard processes.
- Consider and apply appropriate core specialised functions to the identified issues for negotiation, using organisational procedures.
- Identify, interpret and apply appropriate legislation to labour related issues identified for negotiation.
- Consider and implement non-core specialised functions to the identified issues for negotiation, using organisational procedures.
This qualification is made up of Fundamental, Core and Elective unit standards and a minimum of 241 credits is required to complete the qualification.
All unit standards totalling 40 credits are compulsory.
The Core Component consists of unit standard totalling of 171 credits and are compulsory.
Learners are required to select unit standards totalling a minimum of 30 credits.
The following courses must be completed in order to complete the qualification:
Communication and Interpersonal Skills
- Access, process, adapt and use data from a wide range of texts. (5 Credits)
- Use communication techniques effectively. (8 Credits)
- Conduct interpersonal management. (6 Credits)
- Apply efficient time management to the work of a department/division/section. (4 Credits)
- Apply problem-solving techniques to make decisions on a multi-faceted problem. (5 Credits)
Legal Framework of South Africa
- Demonstrate an understanding of the South African legal framework. (5 Credits)
- Describe and apply an understanding of the Interpretation Act, 33 of 1957 (Interpretation of Statutes Act). (6 Credits)
- Analyse the Pension Funds Act as it applies to the administration of retirement funds. (3 Credits)
- Apply the provisions of the Extension of Security of Tenure Act, 62 of 1997 (ESTA). (5 Credits)
Labour Relations Statutes
- Demonstrate and apply an understanding of the labour Relations Act with respect to Collective Agreements and Bargaining Councils. (6 Credits)
- Interpret and apply provisions of the Labour Relations Act relating to organisational rights. (4 Credits)
- Interpret and apply the codes of good practice and guidelines in the Labour Relations Act and Sectoral Determination. (8 Credits)
- Demonstrate and apply an understanding of the Basic Conditions of Employment Act (Act 75 if 1997). (8 Credits)
- Interpret and apply employment equity legislation to industry charters. (6 Credits)
- Draft an employment contract. (3 Credits)
Labour Dispute and Mediation Management
- Describe the functions of mediating bodies in labour relations. (10 Credits)
- Demonstrate and apply an understanding of the CCMA Rules. (3 Credits)
- Demonstrate and apply an understanding of bargaining council rules. (3 Credits)
- Interpret unfair dismissal in terms of Labour Relations. (10 Credits)
Statutory Considerations within Labour Disputes
- Apply the Arbitration Act in dispute resolution. (4 Credits)
- Apply case law and judicial precedents to labour related issues. (6 Credits)
- Apply the Public Service Act in mediation. (6 Credits)
- Apply the Promotion of Access to Information Act in mediation. (3 Credits)
- Apply the Protected Disclosure Act in mediation. (3 Credits)
- Apply the Occupational Health and Safety Act and the Mine Health and Safety Act in mediation. (3 Credits)
- Apply the Compensation for Occupational Injury and Disease Act in mediation. (3 Credits)
Fundamentals of Litigation
- Apply principles of dispute management in labour relations. (10 Credits)
- Interpret unfair labour practice legislation in dispute resolution. (6 Credits)
- Analyse and interpret unfair dismissal in dispute resolution. (10 Credits)
- Describe the Promotion of Administration of Justice Act and the principles of Administration. (3 Credits)
- Conduct negotiations in labour mediation. (6 Credits)
- Identify and apply principles of law of evidence. (6 Credits)
- Establish basic principles of evidence in mediation. 6 Credits)
Conciliations and Arbitrations
- Conduct a disciplinary hearing. (5 Credits)
- Manage and conduct an in limine hearing. (6 Credits)
- Conduct a pre-conciliation by telephone in terms of the CCMA Rules. (8 Credits)
- Conduct a labour conciliation process. (12 Credits)
- Conduct referrals in labour conciliation. (6 Credits)
- Manage and conduct an arbitration process. (12 Credits)
Awards and Internal CCMA processes
- Consider a condonation application. (5 Credits)
- Consider Advisory awards in labour disputes. (6 Credits)
- Write arbitration awards. (8 Credits)
- Consider rescission and variation applications. (6 Credits)
- Consider and issue arbitration awards in labour disputes (4 Credits)
- Consider a dispute in relation to training legislation. (5 Credits)
To enrol for this qualification you will be required to complete a registration form which you can access by clicking on the Online Registration Button or you may download the enrolment form, by clicking the Download Registration Button. Please complete the form and submit or email it to firstname.lastname@example.org together with the supporting documents requested.
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To complete this qualification or any of the courses listed under this qualification you will be required to complete a Portfolio of Evidence for each course.
The Portfolio of Evidence will consist of the following sections:
- Portfolio of Evidence Guide – Completed and Signed by Learner
- Personal Information – Containing documents such as a Certified Copy of ID and Certificates as well as your recent updated CV.
- Formative Assessment – This will consists of activities that you have completed during the period of your study.
- Summative Assessment – This assessment will consist of a final assessment once you have completed a course and will consist of the following sections:
- Knowledge Questions
- Practical Questions
- Practical Assignment
- Peer Evaluation
In order to complete the full qualification you will also be required to submit a Logbook provided to you as well as complete a written exam. The exam will be available online at a designated date and time, or will be completed in person at any of our designated campuses.