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 THAT HAS PASSED THE END DATE: 

Consider rescission and variation applications 
SAQA US ID UNIT STANDARD TITLE
119945  Consider rescission and variation applications 
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 6  Level TBA: Pre-2009 was L6  6 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "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 consider a rescission and a variation application, evaluate the elements of rescission and variation applications, and deliver a decision, 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:
  • Consider a rescission application in terms of South African Labour Legislation and judicial precedent
  • Consider a variation application in terms of South African Labour Legislation and judicial precedent
  • Deliver a rescission decision in terms of South African Labour Legislation and judicial precedent
  • Deliver a variation decision in terms of South African Labour Legislation and judicial precedent 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF level 4 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Consider a rescission application in terms of South African labour legislation and judicial precedent. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The person who may rescind an award in terms of the Labour Relations Act is identified for the mediation process. 

    ASSESSMENT CRITERION 2 
    The grounds that must be considered by the Arbitrator in terms of the Labour Relations Act for a rescission application to proceed, are explained. 

    ASSESSMENT CRITERION 3 
    A rescission application is processed for mediation. 

    ASSESSMENT CRITERION 4 
    Applicable judicial precedents are identified for the rescission process and explained. 

    SPECIFIC OUTCOME 2 
    Consider a variation application in terms of South African labour legislation and judicial precedents. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The person who may vary an award in terms of the Labour Relations Act is identified. 

    ASSESSMENT CRITERION 2 
    The grounds that must be considered by the Arbitrator in terms of the Labour Relations Act for a vary application are explained. 

    ASSESSMENT CRITERION 3 
    A variation application is processed. 

    ASSESSMENT CRITERION 4 
    Applicable judicial precedent is identified and explained. 

    SPECIFIC OUTCOME 3 
    Deliver a rescission decision in terms of South African labour legislation and judicial precedents. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    A rescission decision is rendered with reasons for rescission provided. 

    ASSESSMENT CRITERION 2 
    The requirements and methods in considering applications for rescission, in terms of the "Rules" for rescission, are explained and summarized. 
    ASSESSMENT CRITERION RANGE 
    Rules refer to the legislated Commission for Conciliation, Mediation and Arbitration (CCMA) Rules and rules governing bargaining council procedures.
     

    ASSESSMENT CRITERION 3 
    A rescission decision is made in terms of appropriate legislation and judicial precedent, in considering applications. 

    SPECIFIC OUTCOME 4 
    Deliver a variation decision in terms of South African labour legislation and judicial precedent. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    A rescission decision is rendered with reasons for variation provided. 

    ASSESSMENT CRITERION 2 
    The requirements and methods for considering variation applications in terms of the "Rules" for variation are explained and summarized. 
    ASSESSMENT CRITERION RANGE 
    Rules refer to the legislated CCMA Rules and rules governing bargaining council procedures.
     

    ASSESSMENT CRITERION 3 
    A variation decision is made in terms of appropriate legislation and judicial precedent, in considering applications. 


    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 
  • Law of evidence and law relating to specific field in which the application is taking place.
  • CCMA Rules, collective agreements and rules governing bargaining council procedures.
  • Judicial precedent relating to specific field in which the application is taking place. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems which arise in the process, including objections, in ways which display critical and creative thinking. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage the application and the delivery of the decision responsibly and effectively. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, organise and critically evaluate information obtained in an application. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively in the hearing using language skills and, when delivering the decision. 

    UNIT STANDARD CCFO SCIENCE 
    Use technology effectively when recording evidence and presenting the written decision. 

    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  Passed the End Date -
    Status was "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.