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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Conciliate a dispute in relation to training legislation 
SAQA US ID UNIT STANDARD TITLE
119947  Conciliate a dispute in relation to training legislation 
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 prepare, conduct and evaluate a conciliation process to resolve a training dispute, in terms of South African training and skills development legislation, South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The learner will be able to:
  • Contextualise training within legislation.
  • Describe the role and function of a dispute resolution agency and the jurisdiction of the Labour Court in terms of training legislation.
  • Prepare a conciliation process for a dispute referred by a party to training agreement.
  • Conduct a conciliation process to resolve a dispute referred in terms of training legislation.
  • Evaluate the conciliation process and outcome. 

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

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Contextualise training within the legislative framework. 
    OUTCOME RANGE 
    Includes but is not limited to Learnerships; S19 of the Skills Development Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The rationale of training within legislation is outlined. 

    ASSESSMENT CRITERION 2 
    The legislative framework and its interrelationships are explained. 

    ASSESSMENT CRITERION 3 
    The terms of the training contract are identified and related rights and obligations explained. 

    SPECIFIC OUTCOME 2 
    Describe the role and function of a dispute resolution agency and the jurisdiction of the Labour Court in terms of training legislation. 
    OUTCOME RANGE 
    Includes but is not limited to: Commission for Conciliation, Mediation and Arbitration (CCMA); The Labour Relations Act (LRA) section 135 and S 19 of the Skills Development Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The procedure for resolving disputes is explained following organisational procedure. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to Commission for Conciliation, Mediation and Arbitration (CCMA).
     

    ASSESSMENT CRITERION 2 
    The jurisdiction of the dispute resolution agency is explained in terms of the relevant legislation, with examples of disputes, in written form. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to the Commission for Conciliation, Mediation and Arbitration (CCMA); Skills Development Act.
     

    ASSESSMENT CRITERION 3 
    The jurisdiction of the Labour court is explained in terms of the relevant legislation, with examples of disputes, in written form. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to the Skills Development Act.
     

    SPECIFIC OUTCOME 3 
    Prepare a conciliation process for a dispute referred by a party to training agreement. 
    OUTCOME RANGE 
    Includes but is not limited to: S 19 of the Skills Development Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Pre-conciliation consultations are appropriately conducted and the purpose of the conciliation is explained to the parties involved. 
    ASSESSMENT CRITERION RANGE 
    Consultations include: encouraging buy-in to the procedure, setting ground rules for process; acquiring trust and confidence; identification of all stakeholders who have an interest in the process; gathering necessary
    information and familiarisation with relevant codes of conduct.
     

    ASSESSMENT CRITERION 2 
    Relevant background information is analysed and all issues pertinent to the conciliation process are identified and presented in a report. 

    ASSESSMENT CRITERION 3 
    Logistical, administrative and interpretation arrangements are made in accordance with organisational procedures and relevant legislation. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to the Labour relations Act; Skills Development Act; Commission for Conciliation, Mediation and Arbitration (CCMA).
     

    ASSESSMENT CRITERION 4 
    The conciliation process as set out in organisational procedures is followed, using relevant legislation. 
    ASSESSMENT CRITERION RANGE 
    CCMA procedures; Section 135 of the LRA; Organisational Process options include but are not limited to: joint meetings, bilaterals and caucusing, the decision to conciliate, mediate, conduct a fact-finding exercise or issue an advisory award.
     

    SPECIFIC OUTCOME 4 
    Conduct a conciliation process to resolve a dispute referred in terms of training legislation. 
    OUTCOME RANGE 
    S 19 of the Skills Development Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The conciliation process is initiated and explained to the effected parties using laid-down procedure. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to Initiation including welcoming; introductions; language, housekeeping rules; terms of reference; establishing ground rules for process, confidentiality, off-the-record and without prejudice; building trust and confidence; overcoming hostility and dealing with resistance.
     

    ASSESSMENT CRITERION 2 
    Information exchange between parties and stakeholders is constructively facilitated in accordance with accepted techniques and organisational procedure. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to: Information exchange including opening statements; identifying issues, needs and interests; establishing common ground.
     

    ASSESSMENT CRITERION 3 
    Appropriate facilitation methodologies are used to assist parties in the generation and selection of settlement options. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to: Facilitation including problem-solving, lateral thinking; brainstorming, "reality-testing", evaluation against objective criteria, considering possibilities other than a negotiated agreement.
     

    ASSESSMENT CRITERION 4 
    The conciliation process is recorded, monitored, concluded and the appropriate documentation presented using relevant legislation. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to: Section 135 of the Labour Relations Act.
     

    SPECIFIC OUTCOME 5 
    Evaluate the conciliation process and outcome. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An evaluation of the conciliation process is conducted. 

    ASSESSMENT CRITERION 2 
    Other methods to improve the process are identified, recorded for integration in future. 

    ASSESSMENT CRITERION 3 
    The participants' opinions of the process is sought and analysed in line with the objectives of the process and presented in a report. 


    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 
  • Conciliation including different types of mediation.
  • Conciliation in relation to other dispute resolution processes, in particular disciplinary enquiries, appeal hearing and grievance procedures.
  • Learnership and other training contracts and agreements.
  • Application and interpretation of South African labour legislation and/or dispute resolution procedures. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO WORKING 
    Team and group work. 

    UNIT STANDARD CCFO ORGANISING 
    Organising and managing self within the context of organisational transformation. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information. 

    UNIT STANDARD CCFO SCIENCE 
    Appropriate use of information technology equipment and systems. 

    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
    Fundamental  78966   National Certificate: Diamond Design and Evaluation  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  MQA 
    Elective  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 
    Elective  50330   Bachelor: Occupationally Directed Education Training and Development Practices  Level 6  NQF Level 07  Reregistered  2021-06-30  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.
     
    1. NOLWAZI TRAINING AND DEVELOPMENT ACADEMY PTY LTD 



    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.