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: 

Interpret and apply the codes of good practice and guidelines in the Labour Relations Act and Sectoral Determination 
SAQA US ID UNIT STANDARD TITLE
119955  Interpret and apply the codes of good practice and guidelines in the Labour Relations Act and Sectoral Determination 
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 apply codes of good practice 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:
  • Interpret and apply the code of good practice relating to dismissals, picketing, the handling of sexual harassment cases, dismissals based on operational requirements, balloting regarding closed shop agreements, arrangement of working time, the protection of employees during pregnancy and after the birth of a child as set out in the Labour Relations Act (LRA)
  • Interpret and apply the guidelines relating to key aspects of HIV/AIDS and employment as set out in the LRA and Employment Equity Act (EEA)
  • Interpret and apply Sectoral Determination. 

  • 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 
    Interpret and apply the code of good practice relating to dismissals as set out in the Labour Relations Act (LRA). 
    OUTCOME RANGE 
    Schedule 8 of the Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An interpretation and practical application of the reasons and procedures for dismissals is presented in a case study format. 

    ASSESSMENT CRITERION 2 
    The requirements for disciplinary measures (excluding dismissals) and disciplinary records as set of in the LRA are explained and in a presentation, with examples. 

    ASSESSMENT CRITERION 3 
    An interpretation is provided of the application of the code relating to dismissals relating to industrial action and misconduct, as set out in the LRA and precedents. 

    ASSESSMENT CRITERION 4 
    An interpretation is provided of the application of the code relating to probation, poor work performance, incapacity relating to ill health or injury as set out in the LRA and precedents. 

    SPECIFIC OUTCOME 2 
    Interpret and apply the code of good practice relating to picketing as set out in the LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An interpretation and detailed explanation is presented of the right to picket, picketing rules and disputes that may be referred, as set out in the LRA. 

    ASSESSMENT CRITERION 2 
    An interpretation and explanation is provided in written form of the right to picket as set out in the South African Constitution with an overview of the four elements for consideration in pickets, as set out in the code of good practice. 

    ASSESSMENT CRITERION 3 
    The authorization and purpose of the picket and picketing rules are explained. 

    ASSESSMENT CRITERION 4 
    The application of the code on pickets on employer's premises, conduct in a picket, the role of the police in a picket and general rights, obligations and immunity, are explained. 

    SPECIFIC OUTCOME 3 
    Interpret and apply the code of good practice relating to the handling of sexual harassment cases as set out in the LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A detailed explanation and interpretation is presented of the application, definition and forms of sexual harassment, as set out in the code of good practice. 

    ASSESSMENT CRITERION 2 
    The guiding principles as set out in the code of good practice affecting employers, policy, procedures and other stipulated requirements, are reproduced in an organisational policy and procedure document. 

    ASSESSMENT CRITERION 3 
    The requirement for confidentiality is explained and argued. 

    ASSESSMENT CRITERION 4 
    The requirement for additional sick leave and education in the workplace is presented. 

    SPECIFIC OUTCOME 4 
    Interpret and apply the code of good practice relating to dismissals based on operational requirements as set out in the LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An explanation is provided of the definition and the application of operational requirement for dismissals as set out in the LRA. 

    ASSESSMENT CRITERION 2 
    A detailed explanation of the schedule as set out in the code of good practice is presented. 

    ASSESSMENT CRITERION 3 
    An overview of the process of dismissals is presented in a flow chart. 
    ASSESSMENT CRITERION RANGE 
    Sections 189 and 189(A) of the LRA.
     

    SPECIFIC OUTCOME 5 
    Interpret and apply the guidelines relating to balloting regarding closed shop agreements as set out in the LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The ballot requirements in respect of closed shop agreements are explained in a written form. 

    ASSESSMENT CRITERION 2 
    The requirements of a ballot committee, the appointment of an electoral officer and the voter's role is interpreted and explained. 

    ASSESSMENT CRITERION 3 
    The requirements of ballot papers and notice of the ballot and meetings are explained. 

    ASSESSMENT CRITERION 4 
    The rules pertaining to observers, the voting process and the counting process of a ballot are explained. 

    ASSESSMENT CRITERION 5 
    The use of independent organisations to conduct a ballot process is explained in detail in written form. 

    SPECIFIC OUTCOME 6 
    Interpret and apply the guidelines relating to key aspects of HIV/AIDS and employment as set out in the LRA and EEA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A detailed explanation is provided on the glossary of terms, introduction, objectives and policy principles and application of this code. 

    ASSESSMENT CRITERION 2 
    The legal framework, the promoting of a non-discriminatory work environment and HIV testing, confidentiality and disclosure, are explained in a presentation. 

    ASSESSMENT CRITERION 3 
    The promoting of a safe working environment and the compensation for occupationally acquired HIV and employee benefits are explained in a presentation. 

    ASSESSMENT CRITERION 4 
    The requirements of dismissals, grievances, management of HIV in the workplace and the assessment of the impact of HIV on the workplace are explained in a report. 

    ASSESSMENT CRITERION 5 
    Measures to deal with HIV/Aids in the workplace and information requirements are established. 

    SPECIFIC OUTCOME 7 
    Interpret and apply the code of good practice relating to arrangement of working time as set out in the LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An interpretation and practical application of the arrangement of working time is presented in a case study format. 

    ASSESSMENT CRITERION 2 
    The impact of working times on the health, safety and family responsibility of the employee in discussed. 

    ASSESSMENT CRITERION 3 
    Apply the code of good practice relating to arrangement of working times, presented in a case study. 
    ASSESSMENT CRITERION RANGE 
    Includes but is not limited to: Designing shift rosters; Evaluating the working environment; Providing coping strategies.
     

    SPECIFIC OUTCOME 8 
    Interpret and apply the code of good practice relating to the protection of employees during pregnancy and after the birth of a child as set out in the LRA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The guiding principles relating to the protection of employees during pregnancy and after the birth of a child as set out in the LRA are detailed and explained in an essay. 

    ASSESSMENT CRITERION 2 
    The legal requirements around the code of good practice as set out in the LRA is discussed in a workshop. 

    ASSESSMENT CRITERION 3 
    Potential hazards to employees during pregnancy and after the birth of a child are summarized in a report. 

    ASSESSMENT CRITERION 4 
    Methods of assessing and controlling existing or potential hazards to employees during pregnancy and after the birth of a child are documented in a report. 

    SPECIFIC OUTCOME 9 
    Interpret and apply Sectoral Determination. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Define the role of Sectoral Determination in labour relations in written form. 

    ASSESSMENT CRITERION 2 
    The application of Sectoral Determination in labour relations is discussed. 


    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 code of good practice relating to dismissals as set out in the LRA, Schedule 8.
  • The code of good practice relating to picketing as set out in the LRA.
  • The code of good practice relating to the handling of sexual harassment cases as set out in the LRA.
  • The code of good practice relating to dismissals based on operational requirements as set out in the LRA.
  • The guidelines relating to balloting regarding closed shop agreements as set out in the LRA.
  • The guidelines relating to key aspects of HIV/AIDS and employment as set out in the LRA and EEA.
  • The code of good practice relating to arrangement of working time as set out in the LRA.
  • The code of good practice relating to the protection of employees during pregnancy and after the birth of a child as set out in the LRA.
  • Sectoral Determination.
  • South African Labour Legislation and/or dispute resolution procedures in Bargaining Council Collective Agreements. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information by interpreting and applying the codes of good practice as set out in the LRA. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using appropriate techniques, language and methods in explaining and discussing the various codes of good practice as set out in the LRA. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the rationale for the incorporation of the codes of good practices set out in the LRA. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Participate and act responsibly during processes encompassed by the various codes of good practices by applying ethical standards, maintaining confidentiality and communicating without deception. 

    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 
    Elective  79808   National Diploma: Occupational Safety  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.
     
    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.