[Registered Qual & Unit Std Home page] [Search Qualifications] [Search Unit Standards]
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 QUALIFICATION: 

Postgraduate Diploma in Labour Dispute Resolution 
SAQA QUAL ID QUALIFICATION TITLE
121379  Postgraduate Diploma in Labour Dispute Resolution 
ORIGINATOR
University of Pretoria 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Postgraduate Diploma  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  120  Not Applicable  NQF Level 08  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered  EXCO 1221/24  2024-01-30  2027-01-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-01-30   2031-01-30  

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 qualification does not replace any other qualification and is not replaced by any other qualification. 

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The primary purpose of the Postgraduate Diploma is to strengthen and deepen learners' knowledge and skills in the field of Labour Dispute Resolution Practice. Working professionals such as Commissioners and people involved in labour law matters will undertake advanced reflection on current thinking and practice in labour dispute resolution. Learners will undergo development through high-level theoretical engagement with concepts, principles and practices in social justice, ethics and diversity, substantive law, conciliation, rulings, and arbitration. Learners will be expected to complete a research essay, demonstrating intellectual independence and an ability to deal with evidence and solve problems related to labour dispute resolution practice and drafting.

Learners will examine complex real-world problems using acquired skills of analysis, active listening, and application of the law to legal issues. Learners will justify the applicability of rules of evidence through advanced case studies in labour practice examples. In addition, learners will implement skills of evaluation, interpretation, and oratory to justify theoretical arguments pertaining to labour disputes. Finally, learners will prepare written arguments as solutions to labour dispute resolution conflicts.

A qualified learner will be able to:
  • Interpret various labour legislation through problem-based scenarios by applying the law to legal issues.
  • Evaluate complex social issues and justice in the labour environment and formulate solutions to resolve the issues.
  • Critique the conciliation and arbitration processes and procedures by hearing evidence, processing the evidence, and writing a judgment/ruling.
  • Justify legal opinions relating to the application of substantive law to conciliation, arbitration, and labour practice scenarios.
  • Examine complex real-world problems using acquired skills of analysis, active listening, and application of the law to legal issues.
  • Justify the applicability of rules of evidence through advanced case studies in labour practice examples.

    Rationale:
    The Commission for Conciliation, Mediation and Arbitration (CCMA) has approached the University for assistance in developing and presenting a qualification that would adequately prepare and train CCMA Commissioners employed at the Commission. The intention is for this qualification to be fully accessible to all individuals aspiring to become CCMA Commissioners and/or Bargaining Council Panellists, as well as individuals wishing to enhance their industrial relations and dispute resolution knowledge and skills. This includes trade unionists, human resource officers, industrial relations practitioners, managers, and legal practitioners among others.

    To date, the industry, with the CCMA being the signatory body, has partnered with seven public universities in the development and delivery of the Labour Dispute Resolution (LDR) qualification. As part of the partnership agreement, the universities form part of an industry and university task team which consults and collaborates on the framework and content of the qualification.

    In addition, collaboration with other universities may facilitate the fostering and strengthening of further research projects and collaboration amongst experts of shared interests. The qualification is designed to give learners a critical context of labour dispute resolution in practice, to improve their professional skills, as well as to create job opportunities for them with conciliation and arbitration skills. The professional pathway is towards a resolution practitioner for resolving labour disputes. This is a niche area, which is in continuous demand, as labour disputes are continuous and relevant in our current context.

    The learning pathway of the postgraduate diploma prepares a learner to study a specialised Masters followed by a doctorate in law or philosophy. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Recognition of Prior Learning (RPL):

    The institution has an approved Recognition of Prior Learning (RPL) policy applicable to equivalent qualifications for admission into the qualification. RPL will be applied to accommodate applicants who qualify. RPL thus provides alternative access and admission to qualifications, as well as advancement within qualifications.

    RPL for access:
  • Learners who do not meet the minimum entrance requirements or the required qualification that is at the same NQF level as the qualification required for admission may be considered for admission through RPL.
  • To be considered for admission in the qualification based on RPL, applicants should provide evidence in the form of a portfolio that demonstrates that they have acquired the relevant knowledge, skills, and competencies through formal, non-formal and/or informal learning to cope with the qualification expectations.

    RPL for exemption of modules:
  • Learners may apply for RPL to be exempted from modules that form part of the qualification. For a learner to be exempted from a module, the learner needs to provide sufficient evidence in the form of a portfolio that demonstrates that competency was achieved for the learning outcomes that are equivalent to the learning outcomes of the module.

    RPL for credit:
  • Learners may also apply for RPL for credit for or towards the qualification, in which they must provide evidence in the form of a portfolio that demonstrates prior learning through formal, non-formal and/or informal learning to obtain credits towards the qualification.
  • Credit shall be appropriate to the context in which it is awarded and accepted.

    Entry Requirements:
  • Bachelor of Commerce in Law, NQF Level 7
    Or
  • Bachelor of Social Sciences in Industrial Sociology, NQF Level 7
    Or
  • Advanced Diploma in Labour Law, NQF Level 7 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification consists of the following compulsory modules at National Qualifications Framework Level 8 totalling 125 Credits.

    Compulsory Modules, Level 8, 125 Credits:
  • Social justice, Ethics, and Diversity in the CCMA Context, 15 Credits.
  • Substantive Law, 10 Credits.
  • Conciliation, 10 Credits.
  • Rulings, 10 Credits.
  • Managing Dismissal and Unfair Labour Practice Disputes, 15 Credits.
  • Dealing with Evidence, 10 Credits.
  • Arbitration, 10 Credits.
  • Legal Drafting Skills, 15 Credits.
  • Research Methodology, 15 Credits.
  • Research Essay, 15 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    Exit Level Outcomes
    1. Demonstrate knowledge of labour dispute resolution theories, methods, processes, techniques, and practices related to social justice matters, substantive law, conciliation, rulings, and arbitration as well as an ability to engage in and apply such knowledge in various labour dispute resolution contexts.
    2. Use a range of specialised skills and methods to identify, analyse, evaluate, and address complex real-world problems using evidence-based solutions and theory-driven arguments suited to labour dispute resolution practice.
    3. Employ a critical understanding of ethical rules and codes of conduct by reflecting on and evaluating ethical issues in the CCMA context, the role of the Commissioner in practice and conduct with clients.
    4. Conduct and report research by accessing, collecting, critically reviewing, managing, and professionally communicating information to creatively solve problems.
    5. Analyse complex legal scenarios of unfair dismissal and apply the Labour Relations Act and Basic Conditions of Employment Act.
    6. Apply a range of skills necessary to construct, draft and analyse labour rulings or judgments.
    7. Demonstrate the ability to successfully conduct conciliation and arbitration proceedings from beginning to completion. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1.
  • Interpret various labour legislation through problem-based scenarios by applying the law to legal issues.
  • Critique the conciliation and arbitration processes and procedures by hearing evidence, processing the evidence, and writing a judgment or ruling.
  • Justify legal opinions relating to the application of substantive law to conciliation, arbitration, and labour practice scenarios.

    Associated Assessment Criteria for Exit Level Outcome 2.
  • Examine complex real-world problems using acquired skills of analysis, active listening, and application of the law to legal issues.
  • Justify the applicability of rules of evidence through advanced case studies in labour practice examples.
  • Implement skills of evaluation, interpretation, and oratory to justify theoretical arguments pertaining to labour disputes.
  • Prepare written arguments as solutions to labour dispute resolution conflicts.

    Associated Assessment Criteria for Exit Level Outcome 3.
  • Assess and critique the applicability of ethical conduct as a professional through the analysis of various scenarios and cases to differentiate between misconduct and unethical behaviour.
  • Examine and critique the code of conduct and ethical rules through addressing problem-based scenarios in practice.
  • Argue for and against ethical rules of practice through analysing examples of conflicts that arise in labour practice.

    Associated Assessment Criteria for Exit Level Outcome 4.
  • Conduct research to evaluate complex social issues and justice in the labour environment and formulate solutions to resolve the issues.
  • Evaluate and apply the skills of being a competent Commissioner in Labour Practice namely analysis, active listening, and application of the law.
  • Assess and critique the labour legislation applicable to unfair dismissal scenarios in practice.
  • Evaluate the effectiveness of written judgments in labour practice scenarios.

    Associated Assessment Criteria for Exit Level Outcome 5.
  • Evaluate the applicability of the Labour Relations Act and the Basic Conditions of Employment Act to identify unfair labour dispute scenarios.
  • Distinguish between unfair labour practices and unfair dismissal through critically analysing labour disputes.
  • Prepare professionally sound written arguments on complex unfair dismissal disputes to propose solutions.

    Associated Assessment Criteria for Exit Level Outcome 6.
  • Formulate coherent judgments or rulings for labour dispute resolution problems.
  • Assess the reviewability and appealability of labour rulings in labour practice scenarios.
  • Implement drafting skills to write sound judgments and rulings in the resolution of labour conflict.

    Associated Assessment Criteria for Exit Level Outcome 7.
  • Devise the correct delivery of conciliation and arbitration processes through written and verbal communication for practice.
  • Assess whether legal advice is sound when portraying the role of arbitrator and conciliator for practice.
  • Compose suitable procedures for conciliation and arbitration relating to dispute resolution practice.
  • Evaluate the acquired skills of the arbitrator and conciliator through debating, analysing and contrasting during practice. 
    		•

    INTERNATIONAL COMPARABILITY 
    Country: Scotland
    Institution: University of Aberdeen
    Qualification Title: Postgraduate Diploma in Dispute Resolution
    Duration: 18 Months
    Credits: 120

    Entry requirements:
    2:1 (upper-second) honours degree (or equivalent) in Law
    Or
    2:1 Honours degree (or equivalent) in another discipline
    Or
    Significant professional experience

    Purpose:
    The qualification will develop knowledge and understanding of a range of available approaches to dispute resolution and consider the strengths and weaknesses of the different forms of dispute resolution in practice; scoping the dispute and the clients' attitudes to its resolution; development of a planned style and strategy for negotiation; conduct of a negotiation; mediation; expert referral; arbitration; enforcement in dispute resolution. Key skills will also be covered such as interviewing, listening, advising, persuading, processing conflicting information, client care, drafting and transaction-based research.

    Qualification structure:
    Elective Modules
  • Legal Principles.

    Optional Modules
  • International Arbitration Law compares with Arbitration.
  • Mediation Theory and Practice.
  • International Investment Law.
  • International Investment Arbitration.
  • Negotiation Skills.
  • International Arbitration Practice.
  • Investment Disputes in the Oil and Gas Context.
  • Core Principles of World Trade Organisation Law.

    Similarities:
  • The University of Aberdeen (UA) and the South African (SA) qualification both, focus on building practical skills for industry and resolving labour disputes.
  • Both UA and SA qualifications are weighted at 120 credits accepting learners who have completed a degree specialising in law.
  • Both qualifications are offered online.

    Differences:
  • The UA qualification is offered over 18 months, whereas the SA qualification is offered over 12 months.
  • For the UA qualification, learners have one compulsory module and can choose their respective electives, whereas the SA qualification only consists of compulsory modules with a research component.
  • The difference between these qualifications is the international context of the modules offered, the SA qualification focuses on reconciliation and arbitration as well as the management of dismissal and unfair labour practice disputes.


    Country: England
    Institution: Queen Mary University of London
    Qualification title: Postgraduate Diploma in International Dispute Resolution
    Credits: 120
    Duration: Nine months

    Entry requirements:
  • Degree in law
    Or
  • Degree with substantial law content

    Purpose:
    The Postgraduate Diploma in International Dispute Resolution - Arbitration not only provides an understanding of the theoretical, practical, and ethical problems relating to International Dispute Resolution but also provides a stepping stone for professionals becoming more involved in international alternative dispute resolution (ADR) processes.

    There are two distinct International Dispute Resolution diploma routes to choose from, Arbitration or Mediation.

    Upon completion of this programme learners will be able to:
  • Deepen their understanding of the conceptual framework of the area, as well as an introduction to the current issues and debates within the discipline.
  • Receive an international and comparative approach to the subject.
  • Receive a comprehensive arbitration curriculum with in-depth coverage of arbitration theory and exposure to arbitration practical issues (including how to draft arbitration awards).
  • Understand a detailed overview of a wide range of arbitration-related courses.

    Qualification structure:
    Compulsory modules
  • International Arbitration Law and Practice: Theory and Context, compares with Arbitration.
  • International Arbitration Law and Practice: Applicable Laws and Procedures.
  • International Arbitration Award Writing

    Elective modules
  • International Construction Contracts and Dispute Resolution
  • International Commercial Litigation
  • Commercial Conflict of Laws
  • Investment Treaty Arbitration: Foundations, Jurisdiction and Procedure
  • Investment Treaty Arbitration: Agreements and Substantive Protection

    Similarities:
  • The Queen Mary University of London (QMUL) and the South African (SA) qualifications both accept learners for study who have completed a law degree with 120 credits.
  • Both qualifications aim at improving the skills and knowledge of working professionals and offer a practical offering for barristers, lawyers, and practitioners to enhance their skills for practice and resolving disputes.
  • Both qualifications share a similar module, International Arbitration Law and Practice: Theory and Context for QMUL and Arbitration offered by the SA qualification.

    Differences:
  • The SA qualification is offered over a year whereas the QMUL qualification is offered over nine months.
  • For the QMUL qualification, learners have three compulsory modules and can choose their respective electives, whereas the SA qualification only consists of compulsory modules with a research component.
  • The difference between these qualifications is the international context of the modules offered, the SA qualification focuses on reconciliation and arbitration as well as the management of dismissal and unfair labour practice disputes, whereas the QMUL qualification in addition to arbitration focuses on international commercial law. 
    		•

    ARTICULATION OPTIONS 
    Vertical Articulation:
  • Postgraduate Diploma in Dispute Settlement, NQF Level 8.
  • Postgraduate Diploma in Labour Law Practice, NQF Level 8.
  • Postgraduate Diploma in Labour Law, NQF Level 8.
  • Bachelor of Social Sciences Honours in Industrial Sociology and Labour Studies, NQF Level 8.
  • Bachelor of Administration Honours in Labour Relations, NQF Level 8.

    Horizontal Articulation:
  • Master of Laws in Labour Law, NQF Level 9.
  • Master of Laws in Labour Studies, NQF Level 9.
  • Master of Laws, NQF Level 9.
  • Master of Laws in Dispute Resolution, NQF Level 9.
  • Master of Management in Labour Relations Management, NQF Level 9.
  • Master of Laws in Alternative Dispute Resolution, NQF Level 9.

    Diagonal Articulation:
  • Advanced Occupational Certificate: Legislation Facilitator, NQF Level 6. 
    		•

    MODERATION OPTIONS 
    N/A 

    NOTES 
    N/A 

    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
     
    NONE 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: 
    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. University of Pretoria 


    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.