SAQA 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.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Interpret and apply provisions of the Labour Relations Act relating to organisational rights 
SAQA US ID UNIT STANDARD TITLE
119924  Interpret and apply provisions of the Labour Relations Act relating to organisational rights 
ORIGINATOR
SGB Human Resource Management and Practices 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
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
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

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 learner credited with this unit standard will be able to interpret and apply the provisions of the Labour Relations Act (LRA) relating to organisational rights and refusal to bargain disputes, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The qualifying learner will be able to:
  • Explain and interpret types of organisational rights.
  • Explain the process of obtaining and exercising organisational rights conferred in legislation.
  • Describe the dispute resolution process and necessary factors relating to disputes and organisational rights as set out in legislation.
  • Explain the limitations of the right to strike and the recourse to lockout pertaining to organisational rights as set out in legislation. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF Level 4. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain and interpret types of organisational rights. 
    OUTCOME RANGE 
    The Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The categories of organisational rights that are set out in legislation are explained and interpreted. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 2 
    The categories of organisational rights that are automatically bestowed on trade unions that are party to a council are explained. 

    SPECIFIC OUTCOME 2 
    Explain the process of obtaining and exercising organisational rights conferred in legislation. 
    OUTCOME RANGE 
    The Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The process and requirements of obtaining categories of organisational rights as set out in legislation are explained and reproduced. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 2 
    Required time periods during the process of obtaining organisational rights are identified, explained and reproduced. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 3 
    The right to conclude a collective agreement that regulates organisational rights in terms of legislation is explained. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    SPECIFIC OUTCOME 3 
    Describe the dispute resolution process and necessary factors relating to disputes and organisational rights as set out in legislation. 
    OUTCOME RANGE 
    The Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The dispute resolution process applying to organisational rights and to the appropriate mediating body is explained in written form. 
    ASSESSMENT CRITERION RANGE 
    Commission for Conciliation, Mediation and Arbitration (CCMA).
     

    ASSESSMENT CRITERION 2 
    The necessary factors in determining if the registered trade union is a representative trade union or not, are explained. 

    ASSESSMENT CRITERION 3 
    The process of applying for the withdrawal of organisational rights is presented. 

    SPECIFIC OUTCOME 4 
    Explain the limitations of the right to strike and the recourse to lockout pertaining to organisational rights as set out in legislation. 
    OUTCOME RANGE 
    The Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The process of giving notice to strike or lockout as set out in legislation is presented. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 2 
    The right to strike and the recourse to lockout for organisational rights as set out in legislation is explained in written form. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 3 
    The limitations of the right to strike and the recourse to lockout for organisational rights as set out in legislation are explained in written form. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • This Unit standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA.
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The Labour Relations Act and law relating to organisational rights. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in the process of dispute resolution for disputes that arise relating to organisational rights in ways that display critical and creative thinking. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information by explaining the categories of organisational rights as set out in the LRA. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively by explaining the process of exercising organisational rights conferred in the LRA using oral and/or written skills. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the impact and limitation of the right to strike and the recourse to lock-out pertaining to organisational rights. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    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
    Core  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  79808   National Diploma: Occupational Safety  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    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.