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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Analyse and interpret unfair dismissal in dispute resolution 
SAQA US ID UNIT STANDARD TITLE
119944  Analyse and interpret unfair dismissal 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 6  Level TBA: Pre-2009 was L6  10 
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 
A person credited with this Unit standard will be able to identify 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 will be able to:
  • Explain the right not to be unfairly dismissed and the meanings of dismissal and unfair dismissal.
  • Explain the relation between the date of dismissal and appropriate referral times in dismissal disputes.
  • Explain the burden of onus, the remedies and limits on compensation for unfair dismissal disputes.
  • Prepare and explain flow diagrams relating to unfair dismissals.
  • Explain relevant guidelines in the Code of good practice.
  • Differentiate between substantive and procedural fairness. 

  • 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 Labour Relations Act, 66 of 1995. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the right not to be unfairly dismissed and the meanings of dismissal and unfair dismissal. 
    OUTCOME RANGE 
    The LRA 66 of 1995. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The right of an employee not to be unfairly dismissed is explained in a written format. 

    ASSESSMENT CRITERION 2 
    A comprehensive summary of the meaning of dismissal and automatic unfair dismissal in terms of the LRA 66 of 1995 is discussed in a group and recorded. 

    ASSESSMENT CRITERION 3 
    The appropriate dispute resolution path for dismissals and automatic unfair dismissals in terms of the LRA 66 of 1995 is outlined. 

    ASSESSMENT CRITERION 4 
    Additional forms of unfair dismissals in terms of the LRA 66 of 1995 are identified and summarised. 

    SPECIFIC OUTCOME 2 
    Explain the relation between the date of dismissal and appropriate referral times in dismissal disputes. 
    OUTCOME RANGE 
    The LRA 66 of 1995. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation of the date of dismissal in terms of Section 190 is provided and exceptions to the normal interpretation of the date of dismissal in terms of the LRA are clearly specified in a written report. 

    ASSESSMENT CRITERION 2 
    The appropriate time limits for the referral of a dispute in terms of the LRA are determined and an explanation of the concept and process of condonation for late referrals is provided in a report outlining the implications of condonation for mediation. 

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

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The responsibilities of each of the parties in dismissal disputes are described and the remedies for unfair dismissals are outlined in a report. 

    ASSESSMENT CRITERION 2 
    The limits imposed by the LRA for dismissal disputes are identified. 

    ASSESSMENT CRITERION 3 
    The prohibition on the substitution of compensation for any other amount that an employee is entitled to in terms of the relevant law, Collective Agreements or Contracts of Employment, is presented. 

    SPECIFIC OUTCOME 4 
    Prepare and explain flow diagrams relating to unfair dismissals. 
    OUTCOME RANGE 
    Schedule 4 of the LRA: Unfair Dismissal 10,11,12 and 13. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A flow diagram on automatic unfair dismissals is drafted and presented. 

    ASSESSMENT CRITERION 2 
    A flow diagram on dismissals for participating in an unprotected strike is drafted and presented. 

    ASSESSMENT CRITERION 3 
    A flow diagram on unfair dismissal for operational reasons is recreated and presented. 

    SPECIFIC OUTCOME 5 
    Explain relevant guidelines in the Code of good practice. 
    OUTCOME RANGE 
    Schedule 8 in the LRA 66 of 1995. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A brief explanation of the Code of good practice and fair reasons for dismissal is provided outlining the reasons for applying the Code. 

    ASSESSMENT CRITERION 2 
    A description of disciplinary measures (not including dismissal), fair procedure and disciplinary records are produced in a written report. 

    ASSESSMENT CRITERION 3 
    An analysis of the considerations for dismissals for industrial action, misconduct, probation, poor work performance is undertaken and results presented. 

    ASSESSMENT CRITERION 4 
    A report on the considerations and guidelines for ill health or injury is produced outlining the scope of the Code. 

    SPECIFIC OUTCOME 6 
    Differentiate between substantive and procedural fairness. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of procedural fairness in dismissal is described in a report. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 2 
    The concept of substantive fairness in a dismissal is explained in an essay. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act.
     

    ASSESSMENT CRITERION 3 
    The limits on compensation for both procedural and substantive fairness are summarised. 


    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 Labour Relations Act.
  • Legislation related to unfair dismissals. 

  • 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 the remedies for unfair dismissal are identified and when differentiating between substantive and procedural fairness. 

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

    UNIT STANDARD CCFO DEMONSTRATING 
    The learner will demonstrate an ability to communicate effectively when contributing to the discussion on the meaning of dismissal and automatically unfair dismissals. 

    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 
    Core  63369   National Diploma: Trade Union Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  ETDP SETA 


    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.