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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the Arbitration Act in dispute resolution 
SAQA US ID UNIT STANDARD TITLE
119935  Apply the Arbitration Act in dispute resolution 
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 Arbitration Act, 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 credited with this unit standard will be able to:
  • Describe and explain definitions and matters that are subject to Arbitration in terms of the Act.
  • Explain the compelling nature of agreements in terms of the Act.
  • Explain and understand the scope and power, and the termination or setting aside of appointment, of the Arbitrator or umpire.
  • Explain the provisions of Arbitration Proceedings.
  • Explain the provisions of awards as set out in the Act. 

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

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Describe and explain definitions and matters that are subject to arbitration in terms of the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definitions of the Arbitration Act are summarized in written form. 

    ASSESSMENT CRITERION 2 
    The range of matters subject to arbitration in labour relations are explained and presented. 

    SPECIFIC OUTCOME 2 
    Explain the compelling nature of agreements in terms of the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The binding effect of arbitrations and the powers of the courts in relation to agreements are explained in a presentation. 

    ASSESSMENT CRITERION 2 
    The implication of the death or removal from office of a party to an arbitration agreement is explained outlining the implications for mediation. 

    ASSESSMENT CRITERION 3 
    The insolvency or winding up of a party to an arbitration agreement is explained in written form. 

    ASSESSMENT CRITERION 4 
    The powers of the courts, in relation to inter-pleader proceedings, are explained and summarised, with examples. 

    ASSESSMENT CRITERION 5 
    The powers of the courts, in relation to the extension of time for commencement of arbitration proceedings, are presented. 

    SPECIFIC OUTCOME 3 
    Explain and understand the scope and power, and the termination or setting aside of appointment, of the Arbitrator or umpire. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Explain the scope and power of the arbitrator in an essay. 

    ASSESSMENT CRITERION 2 
    An explanation is given on the powers of parties to appoint arbitrators to fill vacancies. 

    ASSESSMENT CRITERION 3 
    The power of parties or Arbitrators to appoint an umpire and to fill a vacancy is explained. 

    ASSESSMENT CRITERION 4 
    The power of the court to appoint an arbitrator or umpire is explained. 

    ASSESSMENT CRITERION 5 
    The power of the court to appoint an arbitrator or umpire and the termination or setting aside of the appointment of the Arbitrator or umpire is explained. 

    SPECIFIC OUTCOME 4 
    Explain the provisions of Arbitration Proceedings. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Notice of proceedings to parties, the powers and decision-making process of an Arbitration tribunal of two or more arbitrators, are explained in a workshop. 

    ASSESSMENT CRITERION 2 
    The requirements of summonsing a witness, recording of evidence and reference of particular points to umpire are explained. 

    ASSESSMENT CRITERION 3 
    The powers of an umpire and statement of case of opinion of the court or council during arbitration proceedings are explained and discussed. 

    ASSESSMENT CRITERION 4 
    An essay is produced on the general provisions of the court and offences committed in terms of the Act. 

    SPECIFIC OUTCOME 5 
    Explain the provisions of awards as set out in the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The requirements of issuing and publication of written awards and "interim awards", are explained in a presentation. 
    ASSESSMENT CRITERION RANGE 
    Time and activity.
     

    ASSESSMENT CRITERION 2 
    The specific performance, the binding nature of awards and pecuniary interest on amounts in awards are explained. 

    ASSESSMENT CRITERION 3 
    The panel consisting of arbitration tribunals responsible for the variation and/or correction of errors in awards is described and explained with examples of precedents. 

    ASSESSMENT CRITERION 4 
    Awards that may be made on order of court are described and explained to a peer group. 

    ASSESSMENT CRITERION 5 
    The remittal of awards and the process of setting aside an award are outlined in a flow-diagram. 


    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 Arbitration Act and the Labour Relations Act. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems arising during the arbitration (including objections), in ways that display critical and creative thinking. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information presented in the arbitration. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively during the hearing and in the award. 

    UNIT STANDARD CCFO SCIENCE 
    Use technology effectively and critically to record the arbitration proceedings and to draft an award. 

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

    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  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.