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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the Protected Disclosures Act in mediation 
SAQA US ID UNIT STANDARD TITLE
119948  Apply the Protected Disclosures Act in mediation 
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 describe and apply the Protected Disclosures Act of 2000 (PDA) 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 learner will be able to:
  • Define the objectives and applications of the Protected Disclosures Act, 2000.
  • Define and apply the provisions of "occupational detriment" in the Act.
  • Define "protected disclosure" and its application.
  • Define the application of "general protected disclosure" covered by the Act. 

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

    UNIT STANDARD RANGE 
    The Protected Disclosures Act (PDA). 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Define the objectives and applications of the Protected Disclosures Act, 2000. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Definitions of the PDA are presented in written form. 

    ASSESSMENT CRITERION 2 
    The objectives of the PDA are outlined and summarised in a report. 

    ASSESSMENT CRITERION 3 
    The applications of the PDA are explained outlining the implications for the mediation process. 

    SPECIFIC OUTCOME 2 
    Define and apply the provisions of "occupational detriment" in the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The term and related meanings of "occupational detriment" used in the Act are defined and explained in a written document. 

    ASSESSMENT CRITERION 2 
    The provisions (remedies) in the Act, related to Section 3 of the Labour Relations Act in terms of unfair dismissal, are identified. 

    ASSESSMENT CRITERION 3 
    The protection afforded to (transferred) employees, by the PDA, is explained in detail. 

    SPECIFIC OUTCOME 3 
    Define "protected disclosure" and its application. 
    OUTCOME RANGE 
    A legal advisor; an employee; a member of cabinet or executive council; persons or bodies deemed protected by the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    "Protected disclosure" is defined and the implications for mediation processes outlined. 

    ASSESSMENT CRITERION 2 
    Disclosure relating to persons and professions is explained outlining the implications for the mediation process. 

    SPECIFIC OUTCOME 4 
    Define the application of "general protected disclosure" covered by the Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The criteria for general protected disclosure are discussed and presented outlining the implications for mediation processes. 

    ASSESSMENT CRITERION 2 
    The criteria for reasonable disclosure by an employee are discussed in an essay. 

    ASSESSMENT CRITERION 3 
    The requirements for the minister to issue regulations are explained. 


    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 South African labour relations environment.
  • The Protected Disclosures Act. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Collect and organise information to provide detailed explanations related to the PDA. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Applying and understanding group and team dynamics when participating in group discussions/interactions. 

    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
    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 


    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.