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: 

Interpret unfair labour practice legislation in dispute resolution 
SAQA US ID UNIT STANDARD TITLE
119940  Interpret unfair labour practice legislation 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 analyse, interpret and apply the provisions of unfair labour practice (ULP) in terms of the Labour Relations Act (LRA), 66 of 1995, 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 is able to:
  • Explain the right of employees not to be subjected to unfair labour practice.
  • Explain the date of the ULP and appropriate referral times for ULP disputes in terms of the LRA 66 of 1995.
  • Explain the burden of onus, the remedies and limits on Compensation for ULP disputes in terms of the LRA 66 of 1995.
  • Present information relating to ULPs. 

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

    UNIT STANDARD RANGE 
    The Labour Relations Act, 66 of 1995. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the right of employees not to be subjected to unfair labour practice. 
    OUTCOME RANGE 
    The LRA 66 of 1995. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation of the right of an employee not to be subjected to unfair labour practice is presented in a written format. 

    ASSESSMENT CRITERION 2 
    An explanation of the meaning and categories of unfair labour practices for dispute resolution is presented in an essay. 
    ASSESSMENT CRITERION RANGE 
    The LRA 66 of 1995.
     

    ASSESSMENT CRITERION 3 
    The appropriate pathway in dispute resolution for dealing with unfair labour practices is clearly outlined in a presentation. 

    SPECIFIC OUTCOME 2 
    Explain the appropriate referral times for unfair labour practice disputes. 
    OUTCOME RANGE 
    The LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The date of the alleged unfair labour practice is ascertained for the mediation process. 

    ASSESSMENT CRITERION 2 
    The appropriate time limits for the referral of a dispute is clearly explained. 
    ASSESSMENT CRITERION RANGE 
    The LRA 66 of 1995.
     

    ASSESSMENT CRITERION 3 
    The implications of non-compliance with referral times for the mediation process are specified. 

    SPECIFIC OUTCOME 3 
    Explain the burden of onus, the remedies and limits on compensation for unfair labour practice disputes. 
    OUTCOME RANGE 
    The LRA 66 of 1995. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The responsibilities of all parties in the dispute are identified for the mediation process. 

    ASSESSMENT CRITERION 2 
    Remedies for unfair labour practices are identified and described for the mediation process. 

    ASSESSMENT CRITERION 3 
    Compensation for unfair labour practice is defined. 
    ASSESSMENT CRITERION RANGE 
    The LRA.
     

    SPECIFIC OUTCOME 4 
    Present information relating to unfair labour practices. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Current information relating to amendments to legislation is sourced and incorporated into legislation and presented. 
    ASSESSMENT CRITERION RANGE 
    The LRA; Schedule 4 of the LRA, Flow diagram 14 on Unfair Labour Practice, The 2002 Amendments to the LRA.
     


    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 
  • Labour legislation in South Africa.
  • The LRA in terms of the rights of the employee, the meaning and various categories of Unfair Labour Practice.
  • CCMA rules and regulations.
  • Workplace based experiential learning. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Problem identification and solution in creative ways when remedies for unfair labour practices are identified and explained. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information when the limits imposed by the LRA are established. 

    UNIT STANDARD CCFO DEMONSTRATING 
    The learner will demonstrate an ability to communicate effectively when discussing the meaning and categories of unfair labour practices in terms of the LRA. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contribute to the full personal development of each learner and the social and economic development of the society at large, by making it the underlying intention of any programme of learning to make an individual aware of the importance of being culturally and aesthetically sensitive across a range of social contexts when managing cases. 

    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.