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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Advise on relevant Labour and Equity Law 
SAQA US ID UNIT STANDARD TITLE
117903  Advise on relevant Labour and Equity Law 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Registered" 
2005-02-09  2008-02-09  SAQA 0958/05 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2009-02-09   2012-02-09  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
The qualifying learner will know and understand the principles of the Labour Relations Act, the Employment Equity Act and the Basic Conditions of Employment Act. This unit standard will ensure qualifying learners will be able to:
  • Explain the Industrial relations framework and advise on applicable laws.
  • Discuss the common law principles of Employment agreements.
  • Discuss the application of labour law.
  • Discuss the organization and jurisdiction of the labour courts
  • Discuss the Basic Conditions of Employment Act (BCEA) No75 of 1977.
  • Discuss the Employment Equity Act (EEA) No 55 of 1998. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is suggested that learners who wish to achieve the outcomes of this unit standard should be competent in:
  • Language and Communication at NQF level 4.
  • Mathematical literacy at NQF level 4. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain to and advise clients on the Industrial relations framework and the applicable laws. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The labour relationships of the role-players involved are explained. 

    ASSESSMENT CRITERION 2 
    The distinction between an employee and an independent contractor is explained. 

    ASSESSMENT CRITERION 3 
    Labour relations in South Africa are explained from a historical and social perspective. 

    ASSESSMENT CRITERION 4 
    Clients are advised on the obligations of employers and the rights of employees in terms of common law and labour legislation. 

    ASSESSMENT CRITERION 5 
    Clients are advised on the content and application of the Basic Conditions of Employment Act, 75 of 1998; the Employment Equity Act, 55 of 1998 and the Labour Relations Act, 66 of 1995. 

    ASSESSMENT CRITERION 6 
    Clients are advised on the functions of the Commission, Mediation and Arbitration (CCMA), the Labour Court and Labour Appeal Court and the concept of representation. 

    SPECIFIC OUTCOME 2 
    Discuss the common law principles of Employment agreements. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The basis and essentials of the South African contract of employment with reference to common law is discussed. 

    ASSESSMENT CRITERION 2 
    The term "employee" is defined and the governing provisions are discussed. 

    ASSESSMENT CRITERION 3 
    The source and considerations involved in developing an employment contract are discussed. 

    ASSESSMENT CRITERION 4 
    The employer and employee rights and duties are discussed. 

    ASSESSMENT CRITERION 5 
    The reasons that an employment contract may be terminated are discussed. 

    SPECIFIC OUTCOME 3 
    Discuss the application of labour law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The differentiation between individual and collective labour law, substantive and procedural fairness and essential and maintenance services are discussed. 

    ASSESSMENT CRITERION 2 
    All relevant concepts relating to labour dispute resolution are defined and the significance in labour law is discussed. 
    ASSESSMENT CRITERION RANGE 
    Range of concepts in labour law: dismissal, misconduct, incapacity, operational requirements, dispute resolution, collective bargaining, industrial action, lockouts, work stoppages, protected strike, strike, secondary strike, protest action, balloting, unfair labour practices.
     

    ASSESSMENT CRITERION 3 
    The roles of the various bargaining agents and forums is discussed. 

    ASSESSMENT CRITERION 4 
    The circumstances when strikes and lockouts may not take place and when the Labour Court will have jurisdiction over these are discussed. 

    ASSESSMENT CRITERION 5 
    The provisions of Section 197 of the Labour Relations Act relating to the transfer of a contract of employment are discussed. 

    ASSESSMENT CRITERION 6 
    Procedures and processes to access the Labour Court is discussed. 

    SPECIFIC OUTCOME 4 
    Discuss the organization and jurisdiction of the labour courts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The basic functions of the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and Labour Appeal Court are described. 

    ASSESSMENT CRITERION 2 
    The requirements for a review in the Labour Court are discussed. 

    ASSESSMENT CRITERION 3 
    The concept of representation in the CCMA, the Labour Court and Labour Appeal Court is described. 

    ASSESSMENT CRITERION 4 
    The jurisdiction of each of the above institutions is discussed in relation to the types of disputes that may be referred to each. 

    SPECIFIC OUTCOME 5 
    Discuss the Basic Conditions of Employment Act (BCEA) No75 of 1977. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The employees that are excluded from the provisions of the BCEA are listed and discussed. 

    ASSESSMENT CRITERION 2 
    The basic provisions of the BCEA are discussed. 
    ASSESSMENT CRITERION RANGE 
    Range of provisions: ordinary hours of work, overtime pay, night work, public holidays and leave.
     

    SPECIFIC OUTCOME 6 
    Discuss the Employment Equity Act (EEA) No 55 of 1998. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The purpose and beneficiaries of EEA is describes. 

    ASSESSMENT CRITERION 2 
    Designated employers are defined. 

    ASSESSMENT CRITERION 3 
    The duties of an employer in terms of affirmative action issues and the provisions governing their enforcement are discussed. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Any institution offering learning towards this unit standard must be accredited as a provider with the relevant ETQA. The relevant ETQA will oversee the assessment and moderation of assessment according to the moderation guidelines that the ETQA will set. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The learners can apply:
  • Labour Relations Act
  • Basic Conditions of Employment Act
  • Employment Equity Act
  • Procedures and procedures of Labour Court, Labour Appeal Court and CCMA. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems of interpretation and application of SA labour law and display that responsible decisions using critical and creative thinking have been made. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a court service management team and organisation. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsibly and effectively. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information of labour cases and hearings to improve client services. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using language skills in the modes of oral and/or written persuasion to advise clients and ensure effective court services. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology effectively and critically in recording and reporting on labour related cases and hearings. 

    UNIT STANDARD ASSESSOR CRITERIA 
    Anyone assessing learners against this unit standard must be registered as an assessor with the relevant ETQA and must be in possession of a qualification in or related to Court Management or a related sub-field of Justice in Society at NQF level 6. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  20414   National Diploma: Service Management  Level 5  NQF Level 05  Reregistered  2023-06-30  CATHSSETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.