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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply case law and judicial precedents to labour related issues 
SAQA US ID UNIT STANDARD TITLE
119936  Apply case law and judicial precedents to labour related issues 
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 case law and judicial precedents to labour related issues, in dispute resolution, in the South African Labour Legislation environment and/or organisational dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The learner will be able to:
  • Describe and explain the hierarchy and structure of labour courts in South Africa.
  • Define judicial precedent and explain the principles of stare decisis, ratio decidendi and obiter dictum and give examples of each principle.
  • Explain the advantages and disadvantages of case law and judicial precedents in terms of labour related issues.
  • Find and apply case law to support and/or reject a principle in law. 

  • 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 
    Describe and explain the hierarchy and structure of labour courts in South Africa. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An overview of the hierarchy of South Africa's courts is presented outlining the jurisdiction and powers of each. 

    ASSESSMENT CRITERION 2 
    The concept of courts being afforded exclusive jurisdiction is discussed in a report outlining other possibilities. 

    ASSESSMENT CRITERION 3 
    The structure, composition and powers of the Labour Court and Labour Appeal Court are explained in a detailed document. 

    ASSESSMENT CRITERION 4 
    The binding nature of judgements on lower courts is explained with examples. 

    SPECIFIC OUTCOME 2 
    Define judicial precedent and explain the principles of stare decisis, ratio decidendi and obiter dictum. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definitions of judicial precedent are presented with reference to the relevant case law. 

    ASSESSMENT CRITERION 2 
    The principles "stare decisis", "ratio decidendi" and "obiter dictum" are defined and the application of each explained. 

    ASSESSMENT CRITERION 3 
    The definition of case law and identification of sources of case law are discussed in relation to labour disputes. 

    SPECIFIC OUTCOME 3 
    Explain the advantages and disadvantages of case law and judicial precedents in terms of labour related issues. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The advantages of case law and the principles of judicial precedent are presented with examples, outlining the use of judicial precedent in the mediation process. 

    ASSESSMENT CRITERION 2 
    The disadvantages of case law and judicial precedent are presented with examples. 

    SPECIFIC OUTCOME 4 
    Find and apply case law to support or reject a principle in law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Case law is reviewed to select one or more precedent that could be applied to a specific legal principle. 

    ASSESSMENT CRITERION 2 
    A principle in law is either supported or rejected through the application of a researched case law and presented in writing. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed against this unit standard (including through RPL) may apply to an assessment agency, assessor or provider institution accredited by the relevant Education and Training Quality Assurance body (ETQA), or one with an appropriate memorandum of understanding (MOU) with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA, or one with an appropriate MOU 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 one with an appropriate MOU with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA, or one with an appropriate MOU with the relevant ETQA. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The South African Labour Legislation and relevant Acts.
  • Case law and precedence.
  • Relevant dispute resolution procedures and other relevant legislation.
  • The application and interpretation of South African Labour Legislation including Employment Equity Act; Labour Relations Act; Basic Conditions of Employment Act. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information relevant and pertinent to matters from case law and/or seminal judgements. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively with stakeholders gathering and explaining the provisions, regulations and decisions, ruling and findings passed in the seminal judgments. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising the impact of case law and seminal judgements on employees and individuals 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
    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.