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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Interpret and apply employment equity legislation to industry charters 
SAQA US ID UNIT STANDARD TITLE
119943  Interpret and apply employment equity legislation to industry charters 
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  6 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "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 the Employment Equity Act (EEA) 55 of 1998 to industry charters and diversity management.

The qualifying learner will be able to:
  • Outline the definitions, purpose and application of employment equity legislation.
  • Explain the prohibition on unfair discrimination.
  • Define Affirmative Action (AA).
  • Identify the functions and workings of the Commission on Employment Equity.
  • Describe the application of employment equity in industry charters.
  • Describe Diversity Management and the impact of industry charters in the workplace. 
    		•

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

    UNIT STANDARD RANGE 
    The Employment Equity Act, 55 of 1998; BEE charters. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Outline the definitions, purpose and application of employment equity legislation. 
    OUTCOME RANGE 
    Employment Equity Act (EEA) 55 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    A written outline of definitions and meanings contained in the EEA is provided. 

    ASSESSMENT CRITERION 2 
    The purpose of the EEA is explained with a detailed analysis of the national social environment. 

    ASSESSMENT CRITERION 3 
    The application of the EEA is analysed in terms of the requirements of the law and other requirements for completing the purposes of the EEA. 

    SPECIFIC OUTCOME 2 
    Explain the prohibition on unfair discrimination. 
    OUTCOME RANGE 
    Employment Equity Act (EEA) 55 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    An explanation in writing is provided of how the EEA both attempts to eliminate and prohibit UD as defined in the law. 

    ASSESSMENT CRITERION 2 
    The requirements of medical testing, psychological testing and similar assessment tests as set out in the EEA are outlined using appropriate examples. 

    ASSESSMENT CRITERION 3 
    The meaning of 'burden of proof ' and disputes relating to the prohibition of unfair discrimination are described using case studies. 

    SPECIFIC OUTCOME 3 
    Define Affirmative Action (AA). 
    OUTCOME RANGE 
    Employment Equity Act (EEA) 55 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    A presentation is done of the range of application of AA within the EEA, the duties of Designated Employees and Voluntary Compliance as set out in the EEA. 

    ASSESSMENT CRITERION 2 
    Case studies of the process of consultation with employees on AA are used to describe consultation and the requirements of the disclosure of information. 

    ASSESSMENT CRITERION 3 
    Employment Equity plans and the requirements for keeping records, including income differentials, to ensure compliance by employers with the EEA, are described. 

    SPECIFIC OUTCOME 4 
    Identify the functions and workings of the Commission on Employment Equity. 
    OUTCOME RANGE 
    Employment Equity Act (EEA) 55 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The composition of the Employment Equity Commission and responsibilities of each of its members to their constituencies, is researched and presented. 
    ASSESSMENT CRITERION RANGE 
    Employment Equity Act (EEA) 55 of 1998.
     

    ASSESSMENT CRITERION 2 
    A description of both the monitoring and enforcement functions of the Commission in line with the EEA is provided with case studies of each. 

    ASSESSMENT CRITERION 3 
    The manner in which the Commission conducts legal proceedings in terms of the EEA is clearly presented. 

    ASSESSMENT CRITERION 4 
    The manner in which employees' rights are protected in the Commission is described in relation to the EEA. 

    SPECIFIC OUTCOME 5 
    Describe the application of employment equity in industry charters. 
    OUTCOME RANGE 
    Employment Equity Act (EEA) 55 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Requirements for winning State contracts are explained in terms of the EEA. 

    ASSESSMENT CRITERION 2 
    The Codes of Good Practice, Regulation and Relegation of powers by the relevant authorities are identified. 
    ASSESSMENT CRITERION RANGE 
    Employment Equity Act (EEA) 55 of 1998.
     

    ASSESSMENT CRITERION 3 
    Breach of Confidentiality, Liability of Employees and the concepts of obstruction, undue influence and fraud are described. 
    ASSESSMENT CRITERION RANGE 
    Employment Equity Act (EEA) 55 of 1998.
     

    ASSESSMENT CRITERION 4 
    An outline is given of instances when the application of the Employment Equity Act is in conflict with other laws. 

    SPECIFIC OUTCOME 6 
    Describe Diversity Management and the impact of industry charters in the workplace. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Diversity Management in South Africa is described with examples of the range of application. 

    ASSESSMENT CRITERION 2 
    Identification is made of the variety of methods available to effect Diversity Management in the workplace with a clear explanation of the range of applicability of each. 

    ASSESSMENT CRITERION 3 
    Industry Charters to effect Employment Equity are examined for their intent and measures for implementation. 
    ASSESSMENT CRITERION RANGE 
    Black Economic Empowerment Charters.
     


    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 ETQA's (including professional bodies). 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Proficiency in the English language.
  • Labour Relations legislative environment.
  • Employment Equity Act.
  • Industry Charters including BEE.
  • Diversity Management theory and practice.
  • Affirmative Action theory and practice. 
    		•

    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 creative ways when dealing with issues influenced by the EEA. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information relating to specific cases and when referring to 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  Passed the End Date -
    Status was "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.