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: 

Apply the Public Service Act in mediation 
SAQA US ID UNIT STANDARD TITLE
119927  Apply the Public Service Act in mediation 
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 apply labour legislation in the Public Service Act (PSA) 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 learner will be able to:
  • Define labour relations legislation in the public service.
  • Describe the scope and purpose of the labour relations legislation in the public service.
  • Describe the scope of application of legislation governing labour relations, in the public service. 

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

    UNIT STANDARD RANGE 
    Legislation governing labour relations in the public service refers to the Constitution
  • Labour Relations Act 66 of 1995 as amended (LRA)
  • Basic Conditions of Employment Act 75 of 1997 (BCEA)
  • Employment Equity Act 55 of 1998 (EEA)
  • Occupational Health & Safety Act 181 of 1993 (OHSA)
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA)
  • Skills Development Act 97 of 1998 (SDA)
  • Protected Disclosures Act 26 of 2000 (PDA)
  • Extension of Security of Tenure Act 62 of 1997 (ESTA)
  • Interpretation Act 33 of 1957 (IA)
  • Public Service Act 1994 (Proclamation 103 of 1994) (PSA)
  • South African Police Services Act 68 of 1995
  • Employment of Educators Act 76 of 1998
  • Promotion of Access to Information Act 2 of 2000 (PAIA)
  • Promotion of Administrative Justice Act 3 of 2000 (PAJA)
  • Regulations, Government notices and proclamations (subordinate legislation) 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Define labour relations legislation in the public service. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definition and scope of "public service" is explained in terms of national, provincial and local government. 

    ASSESSMENT CRITERION 2 
    Current labour relations legislation relevant to the public service is defined in terms of national, provincial and local government. 

    ASSESSMENT CRITERION 3 
    A summary of legislation governing labour relations in the public service is compiled with examples of disputes. 

    ASSESSMENT CRITERION 4 
    Regulations, Government Notices and proclamations in labour legislation are described with reference to their functions in the public service. 

    SPECIFIC OUTCOME 2 
    Describe the scope and purpose of the labour relations legislation in the public service. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The scope of the relevant legislation in the public service is presented outlining implications for the mediation process. 

    ASSESSMENT CRITERION 2 
    The weight attached to legislation governing labour relations in the public service is discussed in a workshop. 
    ASSESSMENT CRITERION RANGE 
    Weight refers to decisions of precedence ascribed to pieces of legislation if there are conflicting interpretation of clauses.
     

    ASSESSMENT CRITERION 3 
    The purpose and objectives of the legislation governing labour relations in the public service are presented with examples of disputes. 

    SPECIFIC OUTCOME 3 
    Describe the scope of application of legislation governing labour relations, in the public service. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The accountability of each level of authority in the Public Service Act (PSA) is described and the implications for labour relations outlined. 

    ASSESSMENT CRITERION 2 
    The scope and limit of the decision making powers of the executing authorities in the Public Service in the PSA is discussed with reference to labour relations dispute cases. 

    ASSESSMENT CRITERION 3 
    The role and functions of the Department for Public Service and Administration in relation to other departments are explained in a diagram. 

    ASSESSMENT CRITERION 4 
    The basic principles of administrative law in terms of the Promotion of Administration of Justice Act (PAJA) are explained in written form. 
    ASSESSMENT CRITERION RANGE 
    Rules of natural justice.
     


    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 
  • South African Labour Legislation.
  • Workplace-based experiential learning.
  • Structure of the Public service with reference to the Department of Public Service and Administration (DPSA). 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Critically collect, evaluate and analyse information pertaining to seminal judgements and court cases relating to relevant legislation. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively with stakeholders. Gather and explain the provisions and regulations of various pieces of legislation governing the labour relations within the public service. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems by recognising the impact of the various pieces of legislation on the public service, its employees and employers within the context of the labour legislation. 

    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
    Elective  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 


    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.
     
    1. NOLWAZI TRAINING AND DEVELOPMENT ACADEMY PTY LTD 



    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.