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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Interpret and apply labour legislation relating to strikes, lock-outs and picketing 
SAQA US ID UNIT STANDARD TITLE
337081  Interpret and apply labour legislation relating to strikes, lock-outs and picketing 
ORIGINATOR
Task Team - Labour Relations 
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 
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 is able to interpret and apply labour legislation, as set out in the Labour Relations Act, to strikes, lock-outs and picketing. Learners will be able to explain the requirements and processes of compliance for disputes as well as the general limitations of the right to strike. Learners will also be able to demonstrate an understanding of legal issues pertaining to strikes, lock-outs and picketing.

The qualifying learner is capable of:
  • Demonstrating an understanding of the right to strike and the recourse to lock out.
  • Explaining the limitations as set out in the Labour Relations Act on the right to strike and the recourse to lock out.
  • Interpreting the legality of secondary strikes as set out in the Labour Relations Act.
  • Describing the limitations and rights of employees and employers during strikes and lock outs that that are in compliance with the Labour Relations Act.
  • Explaining the requirements, and application of picketing rules in terms of the Labour Relations Act. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that learners are competent in:
  • Communication at NQF Level 5 or equivalent. 

  • UNIT STANDARD RANGE 
    The range statements are incorporated in the Specific Outcomes and Associated Assessment Criteria. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate an understanding of the right to strike and the recourse to lock out. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A written outline is provided of the employee's right to strike and the employer's recourse to lock out in terms of the Labour Relations Act and the South African Constitution. 

    ASSESSMENT CRITERION 2 
    Applicable time frames as set out in the Labour Relations Act and applicable to collective agreements that apply to strikes and lock outs are explained with examples of correct and incorrect action. 

    ASSESSMENT CRITERION 3 
    The requirements and processes of compliance for disputes regarding unilateral change of terms and conditions of employment and refusal to bargain are explained as set out in the Labour Relations Act with examples of correct and incorrect action. 

    ASSESSMENT CRITERION 4 
    Applicable workplace/industry collective agreements regarding strikes and lockouts are identified and explained in terms of the Labour Relations Act. 

    SPECIFIC OUTCOME 2 
    Explain the limitations as set out in the Labour Relations Act on the right to strike and the recourse to lock out. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The general limitations of the right to strike and the recourse to lock out are explained using examples of what is and is not allowed. 

    ASSESSMENT CRITERION 2 
    The limitation on and the permissibility of the right to strike are listed using the categories of organisational rights disputes. 

    ASSESSMENT CRITERION 3 
    The elements in the limitation to strike and the recourse to lock out are explained as they apply to a collective agreement. 

    SPECIFIC OUTCOME 3 
    Interpret the legality of secondary strikes as set out in the Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The meaning of and the procedure to embark on a protected secondary strike are explained giving details of what it means for both the employer and the employee. 

    ASSESSMENT CRITERION 2 
    The requirements for participation in a secondary strike are listed and explained. 

    ASSESSMENT CRITERION 3 
    Documented cases on secondary strikes are used to explain compliance with and deviation from compliance with existing regulations, provisions and requirements. 

    SPECIFIC OUTCOME 4 
    Describe the limitations and rights of employees and employers during strikes and lock outs that are in compliance with the Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The limitation and right to remuneration of employees that have embarked on a protected strike is explained. 

    ASSESSMENT CRITERION 2 
    An employee's right not to be unfairly dismissed for participating in a protected strike is explained. 

    ASSESSMENT CRITERION 3 
    The employer's right to fairly dismiss an employee for misconduct during a strike or for operational requirements is explained, using examples of what constitutes misconduct. 

    SPECIFIC OUTCOME 5 
    Explain the requirements and application of picketing rules in terms of the Labour Relations Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The requirements for a registered trade union to authorise a picket in terms of the Labour Relations Act is explained using examples of correct and incorrect actions. 

    ASSESSMENT CRITERION 2 
    The process and role of the Commission in establishing picketing rules is explained. 

    ASSESSMENT CRITERION 3 
    The process, requirements and categories of disputes that may be referred in terms Labour Relations Act for picketing is explained. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through Recognition of Prior Learning) 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 in place with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or an ETQA that has a Memorandum of Understanding in place 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 an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Employment Equity Act.
  • Industry BEE Charters.
  • Diversity Management Theory and Practice.
  • Affirmative Action Theory and Practice. 

  • UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems during strikes, lock-outs and picketing actions which may impact on all stakeholders. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others to ensure all legal prescripts are met in the process of dealing with strikes, lock-outs and picketing in the workplace. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information pertaining to the strikes, lock-outs and picketing in order to make valid and acceptable decisions. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively when making presentations related to strikes, lock-outs and picketing. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology to develop presentations pertaining to strikes and lock-outs as well as secondary strike action. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems where a poor understanding of labour legislation relating to strikes, lock-outs and picketing can have a negative impact on all role-players. 

    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  74570   National Certificate: Labour Relations Practice  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  SERVICES 


    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.