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: 

Manage and conduct an in limine hearing 
SAQA US ID UNIT STANDARD TITLE
119929  Manage and conduct an in limine hearing 
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 6  Level TBA: Pre-2009 was L6 
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 manage and preside over in limine hearings 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 issue a ruling and evaluate the effectiveness of the in limine hearing, 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:
  • Prepare for an in limine hearing in terms of South African labour legislation and/or dispute resolution procedures in a bargaining council collective agreement
  • Conduct an in limine hearing process
  • Prepare and make an appropriate in limine ruling
  • Evaluate the in limine hearing 

  • 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 
    Prepare for an in limine hearing in terms of South African labour legislation and/or dispute resolution procedures in a bargaining council collective agreement. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Pre-hearing procedures are effectively conducted in a presentation with the parties involved. 
    ASSESSMENT CRITERION RANGE 
    Procedures include, Notice of hearing, Representation, Evidence, Witnesses.
     

    ASSESSMENT CRITERION 2 
    Relevant background information that has a bearing on the process outcomes is identified and analysed. 

    ASSESSMENT CRITERION 3 
    The processes as set out by the relevant mediating authority is followed. 
    ASSESSMENT CRITERION RANGE 
    The authority and powers of the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining council collective agreement, and/or private agency.
     

    SPECIFIC OUTCOME 2 
    Conduct an in limine hearing process. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An in limine hearing process is initiated and explained to relevant parties. 
    ASSESSMENT CRITERION RANGE 
    Protocol, Process, Representation.
     

    ASSESSMENT CRITERION 2 
    Presentation of evidence by parties, witnesses and experts is facilitated using accepted practice. 
    ASSESSMENT CRITERION RANGE 
    Scope of evidence, Witnesses, Argument.
     

    ASSESSMENT CRITERION 3 
    The in limine hearing process is recorded and concluded. 

    SPECIFIC OUTCOME 3 
    Prepare and make an appropriate in limine ruling. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Evidence is thoroughly reviewed and evaluated. 

    ASSESSMENT CRITERION 2 
    A reasonable ruling is made based on evidence, argument and law. 

    ASSESSMENT CRITERION 3 
    The ruling is clearly and concisely written and presented. 

    SPECIFIC OUTCOME 4 
    Evaluate the in limine hearing. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The in limine hearing process is evaluated in terms of its strengths and weaknesses in relation to the objectives of the process. 

    ASSESSMENT CRITERION 2 
    Opportunities and ways to improve the process are identified and recorded for integration in future processes. 

    ASSESSMENT CRITERION 3 
    Participants' reactions to the process are sought and analysed in line with the objectives of an in limine process, in a written report. 


    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 
  • Law of evidence and law relating to specific field in which hearing is taking place.
  • Cognisance of importance of emotions, social context, culture, race and gender issues and power and other relationships.
  • Process requirements with regard to respect, empathy, authenticity, integrity and openness.
  • Bargaining council and/or private dispute resolution procedures.
  • Awareness of the scope and power of arbitrator/conciliator. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems which arise in the hearing, including objections, in ways which display critical and creative thinking. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with representatives in the hearing. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage the hearing and the delivery of the decision responsibly and effectively. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information obtained in the hearing. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively in the hearing. 

    UNIT STANDARD CCFO SCIENCE 
    Use technology effectively when recording evidence and writing a decision. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the impact of your decision by recognising that problem-solving contexts do not exist in isolation. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Be culturally and aesthetically sensitive to the participants in the hearing. 

    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 
    Core  74570   National Certificate: Labour Relations Practice  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  SERVICES 


    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.