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 arbitration process 
SAQA US ID UNIT STANDARD TITLE
119941  Manage and conduct an arbitration process 
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  12 
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 arbitration, prepare and conduct an arbitration process, deliver an award and evaluate the process, 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 an arbitration process in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.
  • Conduct and preside over an arbitration process.
  • Evaluate the arbitration process and results. 

  • 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 an arbitration process in terms of South African labour legislation and/or dispute resolution procedures in Bargaining Council Collective Agreements. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Pre-hearing procedures are conducted and the process of arbitration is presented to the parties involved. 
    ASSESSMENT CRITERION RANGE 
    Procedures include: conducting a pre-arbitration meeting; clarifying arbitration agreement; confirming issues and powers; clarifying procedure; exchanging documents and expert information; discussing the necessity of inspections in loco.
     

    ASSESSMENT CRITERION 2 
    The possibility of a settlement is explained and explored with the affected parties. 

    ASSESSMENT CRITERION 3 
    Logistical, administrative and interpretation arrangements are acquired, confirmed and verified in accordance with dispute resolution procedures, legislation and/or statutes. 

    ASSESSMENT CRITERION 4 
    Relevant background information is gathered and scrutinised and all issues pertinent to the process outcomes are identified for the hearing. 

    ASSESSMENT CRITERION 5 
    The process design option(s) is (are) considered and recorded in writing. 
    ASSESSMENT CRITERION RANGE 
    Including but not limited to adversarial; inquisitorial, on the papers.
     

    SPECIFIC OUTCOME 2 
    Conduct and preside over an arbitration process. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The arbitration process is initiated and explained to the effected parties and an observation checklist is presented according to laid down requirements. 
    ASSESSMENT CRITERION RANGE 
    Initiation includes welcoming; introductions; language issues; housekeeping issues; clarifying arbitration agreement, terms of reference; rights and representivity of parties.
     

    ASSESSMENT CRITERION 2 
    Pre-determined preliminary points are addressed in a simulated environment. 

    ASSESSMENT CRITERION 3 
    The exchange of evidence by parties, witnesses and experts, is facilitated according to accepted techniques and laid down requirements. 
    ASSESSMENT CRITERION RANGE 
    Evidence exchange includes: opening statements; issue clarification/narrowing the issues, examination of witnesses; cross-examination, re-examination, handling of objections; closing arguments.
     

    ASSESSMENT CRITERION 4 
    An observation checklist is produced to verify communication methods used throughout the arbitration process. 
    ASSESSMENT CRITERION RANGE 
    Communication skills refer to: active listening, persuasion, questioning, attentiveness, non-verbal communication and paraphrasing.
     

    ASSESSMENT CRITERION 5 
    The arbitration process is concluded and recorded in a written report. 

    SPECIFIC OUTCOME 3 
    Evaluate the arbitration process and results. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An evaluation of the strengths and weaknesses of the process is conducted with reference to the outcomes of the arbitration. 

    ASSESSMENT CRITERION 2 
    Other methods for improving the process are identified and recorded in a report for integration into future processes. 

    ASSESSMENT CRITERION 3 
    Participants' responses to the process are sought, recorded and analysed in line with the purpose and objectives of arbitration. 


    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 arbitration is taking place.
  • Arbitration in relation to other dispute resolution processes. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

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

    UNIT STANDARD CCFO WORKING 
    Work effectively with the representative in the arbitration. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage the arbitration process and the delivery of an award responsibly and effectively. 

    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 using oral and written skills. 

    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 CCFO CONTRIBUTING 
  • Participate as responsible arbitrator in the life of the parties.
  • Be culturally and aesthetically sensitive to the participants in the arbitration. 

  • 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  63369   National Diploma: Trade Union Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  ETDP SETA 
    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.
     
    1. MWG Logistical Services 



    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.