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: 

Master of Laws in Labour Law 
SAQA QUAL ID QUALIFICATION TITLE
101323  Master of Laws in Labour Law 
ORIGINATOR
Stellenbosch University 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Master's Degree  Field 08 - Law, Military Science and Security  Justice in Society 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  180  Not Applicable  NQF Level 09  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Reregistered  EXCO 0821/24  2021-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

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

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The qualification focuses on the four most important areas of Labour Law and the issues of societal importance in those areas in South Africa and the Comparative Labour Legal systems in the context of international law. The qualification is designed in a manner to ensure it is societally sensitive and can be conducted in a practical manner therefore the qualification aims to develop the skills of the learners to be able to apply their knowledge in practice.

Upon qualifying the learner will be able to:
  • Demonstrate an understanding of and be sensitive to the societal forces that shape labour law and how labour law, in turn, shapes society.
  • Demonstrate an understanding of the similarities in the structure of labour law internationally.
  • Demonstrate in-depth knowledge and understanding of and engagement in the theory, law and practice of labour law from both a local and an international perspective.
  • Evaluate and apply labour legislation and rules.
  • Conduct academic research in the legal field and produce the results of the research in an assignment which complies with the form and content requirements for legal academic writing.
  • Demonstrate an understanding of the legal, practical, ethical and procedural aspects of academic research in law.
  • Contextualise their knowledge of labour law in a societally responsible manner which will lead to societally sensitive research and practice.

    Rationale:
    The Master of Laws in Labour Law is recognised internationally and nationally as a very important specialised field of law. This qualification will provide the broader society with graduates who will be equipped to make a responsible contribution - through further academic endeavour or practice - in this field. This qualification offers an education in the legal field that is of an international standard to local and foreign learners (particularly from Africa).

    This qualification will train specialised Labour Law experts to contribute to the expansion of the South African knowledge economy at the highest level. Furthermore, the qualification educates and trains researchers who can contribute to the development of knowledge about labour law at an advanced level and to prepare graduates to specialise professionally as labour law practitioners. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Recognition of Prior Learning (RPL):
    Recognition of Prior Learning may be considered as a supplementary/alternative ground for admission to the qualification and where the candidate did not achieve a 60% average during the preceding LLB.

    Prior learning and workplace experience will be considered as a matter of course where a candidate applies for admission based on a legal qualification other than the LLB.

    According to the University's policy framework for the Assessment and Recognition of Prior Learning (ARPL), a number of non-Degree learners may join the LLM (Labour Law). Assessment criteria are applied to determine whether the applicant has developed the necessary competencies required to enter the LLM (Labour Law).

    In addition to the normal application process, RPL applications will also be assessed on:
  • Work experience: A minimum of eight years of full-time work experience, of which at least five years should have been at project, programme or portfolio management level.
  • Selection test: For the SHL test - numeric, verbal and inductive reasoning scores of 6 are expected.
  • Curriculum Vitae: An extensive CV that includes growth and learning over time, which reflects the responsibilities associated with successive jobs.
  • At least two references: Confidential reports from two referees are required on the candidate's work and management experience.
  • Interview: A mandatory interview with at least two members of faculty.

    Entry Requirements:
    The admission requirement to this qualification is a Bachelor of Laws (LLB). 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification comprises compulsory modules at Level 9, totalling 180 Credits.
  • Employment rights, 30 Credits.
  • Equality in the workplace, 30 Credits.
  • Selected issues in collective labour law, 30 Credits.
  • Selected issues in international labour and social security law, 30 Credits.
  • Research Assignment, 60 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Show an appreciation of the societal forces driving different approaches to and different levels of the legal institutionalisation of collective bargaining domestically and internationally.
    2. Understand the different approaches to and the different levels of the legal protection of individual employees domestically and internationally.
    3. Appreciate the role of equality as a foundational value of and a substantive right in South African society.
    4. Understand the international approaches to, and treaties which provide for, employee protection at the individual and collective level.
    5. Conduct academic research in the legal field and produce the results of the research in an assignment which complies with the form and content requirements for legal academic writing. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Understand the relationship between collective bargaining and the achievement of social justice.
  • Demonstrate expert knowledge of the theory of and principles of the most important areas of collective labour law in South Africa.
  • Interpret and apply the principles of the law regulating collective bargaining.
  • Review, evaluate and analyse foreign and international approaches to the legal institutionalisation of collective bargaining.
  • Demonstrate an understanding of the prevailing legal arguments in the field of collective labour law.
  • Understand the practice of law and dispute resolution in the field of collective bargaining.
  • Work as a legal professional within this field of law.
  • Formulate and support legal arguments based on issues in the law relating to collective bargaining.
  • Be sensitive to the difficulties and challenges faced by labour law and endeavour to promote collective bargaining in a developing economy.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Understand the relationship between employee protection and the achievement of social justice.
  • Demonstrate expert knowledge of the theory of and principles of employment rights in South Africa.
  • Interpret and apply the principles of the law regulating employment rights.
  • Review, evaluate and analyse foreign and international approaches to the legal regulation of employee protection.
  • Understand the prevailing legal arguments in the field of employment rights.
  • Discuss the practice of law and dispute resolution in the field of individual employee protection.
  • Work as a legal professional within this field of law.
  • Formulate and support legal arguments based on issues of the law relating to employment rights.
  • Sensitise oneself to the difficulties and challenges faced by labour law and its endeavours to protect individual employees in a developing economy.

    Associated Assessment Criteria for Exit level outcome 3:
  • Understand and reflect on the different dimensions of equality.
  • Demonstrate expert knowledge of the theory of and principles of the law regulating employment equality in South Africa.
  • Interpret and apply the principles of employment equality law.
  • Review, evaluate and analyse foreign and international approaches to the legal regulation of employment equality.
  • Understand the prevailing legal arguments in the field of employment equality law.
  • Display knowledge of and engagement with the practice of law and dispute resolution in the field of employment equality law.
  • Work as a legal professional within the field of law.
  • Formulate and support legal arguments based on issues of the law relating to employment equality.
  • Sensitise oneself on the difficulties and challenges faced by labour law in its endeavours to promote equality in employment.

    Associated Assessment Criteria for Exit level outcome 4:
  • Appreciate the societal forces driving different approaches to and different levels of the legal provision for social security.
  • Understand the nature of and challenges for the legal regulation of cross-border employment.
  • Understand and engage with the challenges brought by economic realities in general and globalisation in particular for the regulation of the labour market.
  • Demonstrate expert knowledge of the theory and principles of international labour law and social security law as it relates to South Africa.
  • Interpret and apply the principles of international labour law and of social security law.
  • Review, evaluate and analyse foreign and international approaches to the legal regulation of social security.
  • Evaluate the prevailing legal arguments in the field of international labour law and social security law.
  • Formulate and support legal arguments in the field of international labour law and social security law.
  • Engage with and interrogate the difficulties in standardising labour law across international boundaries and in differing economic context.
  • Evaluate the relationship between social security and social justice and to the challenges of promoting social security in a developing economy.

    Associated Assessment Criteria for Exit level outcome 5:
  • Produce a substantial written work of an academic nature displaying expert knowledge of the indicated topic.
  • Conduct legal research at an advanced level.
  • Formulate and draft legal academic research products of a sufficiently high quality.
  • Show insight into the nuances of the field of law and the area of labour law researched.
  • Be intimately familiar with the South African legal principles applicable to the topic of research.
  • Be familiar with the legal principles of foreign and international labour law and/or related fields of law applicable to the topic of research.
  • Evaluate, assess, analyse and critique existing academic work, statutes, international mechanisms, judgments and other articles.
  • Illustrate an understanding of the legal, practical, ethical and procedural aspects of academic research in law.

    Integrated Assessment:
    The assessment policy for the LLM (Labour Law) has been developed in light of the institution's Assessment Policy and is consistent with the policy for assessment applied to the current LLM. The policy incorporates the following criteria for effective assessment: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback.

    The implementation of the assessment policy will be monitored by the programme coordinator, and includes a compulsory element of external moderation as expressed by the regulation of internal and external moderation.

    Each module will include more than one assessment opportunity and there will be the use of more than one type of assessment opportunity (written assignments, oral examinations, oral presentations, and role-play in simulated dispute resolution scenarios), in addition to the final examination. The purpose of the assessment opportunities apart from the final examination is formative and summative, whereas the purpose of the final examination is summative. A final grade of 50% or higher is required to complete the module.

    The written tests, oral presentations and examinations will be evaluated according to the following assessment criteria:
  • The level of difficulty each question/topic for discussion presented compared to the amount of time spent on that particular topic during contact sessions, the volume of prescribed work that addresses the question/topic and the amount of theoretical knowledge required to address the question.
  • The Degree of familiarity with the theoretical principles, academic opinion and practical considerations applicable.
  • The level of insight into the problem illustrated.
  • The academic merit of the approach selected to address the question/topic.
  • The academic merit of the response presented / conclusions drawn.
  • The Degree of familiarity with (and incorporation of) counter-arguments to the response presented/conclusions drawn.
  • The correctness/appropriateness/practicality of the response (answers or arguments) presented.
  • The general style and structure of the response presented.
  • The Degree of preparation manifest in the quality of the response or presentation.

    The research assignment and all written assessments will be evaluated according to the following assessment criteria:
  • The level of difficulty the topic presented, evaluated against the standard of publication in that particular field and area of research.
  • The quality of research conducted by the learner (this is a qualitative and quantitative assessment).
  • The variety of research conducted (a sound combination of local, foreign and international sources, published and unpublished work, statutes, books, articles, reviews, judgments, treaties, theses and/or reference works).
  • The degree of understanding of the subject matter (the work should illustrate an intimate familiarity with the basic principles).
  • The academic merit of the research assignment (a value judgment based on the contribution the assignment may make to knowledge in the particular field on law based on: the unique or critical issues raised and discussed in the assignment; the level of integration with existing legal and academic opinion; the novel nature of the topic, hypothesis or approach to an existing problem; the presentation of existing publications in condensed/accessible format).
  • The scholastic quality of the research assignment (the use of terminology, command of language, document preparation, style and structure).

    The research assignment is conceptualised, shaped and completed based on continuous guidance and personal contact with a qualified member of staff who is appointed and who acts as the individual learner's supervisor for this purpose. The dissertation is examined by the supervisor, one other internal and qualified member of staff, as well as moderated by an external and qualified academic in line with the university's policy. 
    		•

    INTERNATIONAL COMPARABILITY 
    This qualification is internationally comparable with the:

    Australia:
    Master of Labour Law and Relations (MLLR) offered by the University of Sydney, Australia.

    The MLLR degree prepares learners for professional work in the areas of labour law and industrial relations practice. The Degree equips learners with the knowledge and skills to negotiate the legal and policy issues that arise in the labour law discipline, and to understand and master the difficult relationship between human resources and industrial relations practice, and the complex legal framework governing labour relations in Australia and overseas.

    Learners will be equipped with the knowledge and skills to operate confidently and effectively in industrial relations environments in which lawyers and industrial relations practitioners operate side by side with human resources managers. The core curriculum (including compulsory and elective units of study) covers a range of labour law and labour relations related areas, covering the myriad issues arising from the engagement of persons to perform work (through employment or otherwise), and the regulation of the collective activities of workers. In the law core curriculum, this includes regulation of contracts for the performance of work; collective negotiation of the terms and conditions of employment; the legal obligations and rights applicable to employers and employees arising out of Statute, industrial instruments and the common law; discrimination at work; labour rights of migrants; workplace health and safety; workplace advocacy; dispute resolution; international and comparative perspectives; global governance and policy; regulation of industrial organisations and workplace investigations.

    The Work and Organisational Studies core curriculum examines the institutions and processes of industrial relations from a national and international perspective, emphasising laws, institutions and social processes.

    The optional curriculum allows learners to undertake some of their studies in related areas in order to fill specific knowledge and skill gaps related to labour law and relations practice, or to further specialisations with the human resources/industrial relations arenas. This curriculum includes the regulation of contracts and corporations; international human rights frameworks; the political economy of labour markets; and advanced Master level units in industrial relations and human relations practice including international human resources management; organisational strategy and behaviour; leadership and strategic human resources management.

    Qualification Duration:
    A full-time candidature in the MLLR is one year, with a maximum completion time of three years. A part-time candidate may complete the program within a minimum of two years, and a maximum of six.

    Admission:
    The following admission criterion will apply:
    Admission to the Degree requires:
  • Bachelor of Laws.
    Or
  • Bachelor's Degree in human resource management, industrial relations or other appropriate discipline as determined by the Faculty.
    Or
  • Bachelor's Degree and the applicants must provide evidence of professional experience or of a period of service (normally of several years in duration) which in the opinion of the Dean adequately prepares the applicant to undertake the course of study.

    Conclusion:
    The qualifications are comparable in terms of the admission requirements and the competencies that learners will develop upon completion of the qualification. 
    		•

    ARTICULATION OPTIONS 
    This qualification offers specific articulation opportunities with the following qualifications offered by Stellenbosch University:

    Horizontal Articulation:
  • Master of Law, SAQA ID 7359.
  • Master of Law in Intellectual Property Law, SAQA ID 90662.

    Vertical Articulation:
  • Doctor of Laws, SAQA ID 7365.

    The qualification offers systemic articulation with the following qualifications offered by other institutions, provided the learner meets the minimum entry requirements:

    Horizontal Articulation:
  • Master of Laws.

    Vertical Articulation:
  • Doctor of Laws. 
    		•

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    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. Stellenbosch University 


    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.