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: 

Consider a condonation application 
SAQA US ID UNIT STANDARD TITLE
119934  Consider a condonation application 
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 issue an appropriate ruling in terms of a standard test in a condonation application, 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:
  • Evaluate referrals and apply the relevant factors in a condonation application.
  • Explain the statutory process of applying for condonation.
  • Identify the timeframes for referrals of dismissals, automatic unfair dismissals and unfair labour practice disputes. 

  • 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 
    Evaluate referrals and apply the relevant factors in a condonation application. 
    OUTCOME RANGE 
    Factors relevant to the referral and relevant case law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The tests relating to the degree and reason for lateness of the referral and relevant case law are considered and debated. 

    ASSESSMENT CRITERION 2 
    The tests relating to prospects of success of the referral and relevant case law are considered and debated. 

    ASSESSMENT CRITERION 3 
    The tests and relevant case law relating to the degree of prejudice to the other party of the referral and relevant case law are considered and debated. 

    SPECIFIC OUTCOME 2 
    Explain the statutory process of applying for condonation. 
    OUTCOME RANGE 
    The Labour Relations Act (LRA) and Commission for Conciliation, Mediation and Arbitration (CCMA) rules. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The process of bringing an application in terms of the mediating body's rules is explained in a presentation. 

    ASSESSMENT CRITERION 2 
    The process covered by the rule is identified and explained. 

    ASSESSMENT CRITERION 3 
    The content requirement of a supporting affidavit as set out in the mediating body's rules is explained and produced in written form. 

    ASSESSMENT CRITERION 4 
    The process of opposing an application as set out in the mediating body's rules is explained and the required documentation is reproduced. 

    SPECIFIC OUTCOME 3 
    Identify the timeframes for referrals of dismissals, automatic unfair dismissals and unfair labour practice disputes. 
    OUTCOME RANGE 
    The Labour Relations Act (LRA). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The required time frames and dispute resolution path for the referrals of dismissal disputes are identified and explained. 

    ASSESSMENT CRITERION 2 
    The required time frames and dispute resolution path for the referrals of automatic unfair dismissal disputes are identified and explained. 

    ASSESSMENT CRITERION 3 
    The required time frames and dispute resolution path for the referrals of unfair labour practice disputes are identified and explained in a presentation. 

    ASSESSMENT CRITERION 4 
    The implications of failing to apply for condonation are explained in relation to a referred dispute. 


    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, 66 of 1995.
  • Relevant Case Law and precedents. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Problem identification and solutions in creative ways using correct and appropriate questioning methodology. 

    UNIT STANDARD CCFO ORGANISING 
    Organising and managing self within the context of organisational transformation by being ethical, direct, professional and treating parties with integrity. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information and presenting a concise finding. 

    UNIT STANDARD CCFO SCIENCE 
    Appropriate use of information technology systems to record proceedings. 

    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 


    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.