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 Law 
SAQA QUAL ID QUALIFICATION TITLE
94809  Postgraduate Diploma in Labour Law 
ORIGINATOR
North West 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
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-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The purpose of the Postgraduate Diploma in Labour Law is to enrich and deepen the learner's knowledge and applicable practice-related skills in a particular discipline of Labour Law. The qualification seeks to enable working professionals in the field of labour law to develop the skills of advanced reflection and critical thinking and ensure professional development by systematically surveying current thinking, practices and applicable research methods in this area of specialisation.

The qualification is aimed at the following target groups or institutions: practising attorneys and labour practitioners, and public and private institutions such as the South African Police Services (SAPS) and the Safety and Security Sectoral Bargaining Council (SSSBC) in training their members to effectively practice Labour Law. This qualification demands a high level of theoretical engagement and intellectual independence, as well as the ability to relate knowledge to a range of contexts in order to undertake professional or highly-skilled work.

The Postgraduate Diploma in Labour Law contributes to the development of a just society in South Africa by ensuring that labour law practitioners are equipped to practise competently and with integrity. It facilitates effective practice-oriented legal education as well as continuing professional development with the relevant target groups. With regard to its field of study, it intends to bridge the gap between academia and practice.

The level of outcomes and content of the Qualification serve to deliver Postgraduate Diploma learners who are capable of lateral and critical thinking and who will be able to solve developmental and labour problems in South Africa. The Qualification is further designed to coincide with the goals which strive for the realisation of the values of the Constitution in order to promote justice.

Rationale:
The Postgraduate Diploma in Labour Law is designed to emphasise the practical aspects of the discipline, especially for the private and public sectors. The successful completion of this qualification will increase career opportunities for learners nationally and internationally in the private sector, including practising attorneys and labour practitioners, NGOs, the South African Police Services (SAPS), and the Safety and Security Sector. Labour Law has become a branch of applied Constitutional Law and International Law as various international conventions directly impact on aspects of labour law as a field of practice. This discipline will therefore be studied taking Constitutional and International Law into account, but with the specific emphasis on the practical application of the discipline.

This qualification is aimed at providing an academic deepening and broadening of professional experience and application to law graduates, practising attorneys, public servants and members of the private and public safety and security sector in South Africa. The Postgraduate Diploma in Labour Law also increases the eligibility of non-practising attorneys and other lawyers with a BProc, BJuris or LLB qualification to enter into a career in the areas of labour law, constitutional law and international labour law.

It is further involved in developmental engagement in order to be of service to the community and to provide expertise to those least protected. It is often the most vulnerable low wage earner in the category of the working poor that is affected by unfair dismissals. The low wages makes any award made by the labour law tribunals insignificant for the large employer. If the knowledge base of practicing attorneys is extended to include the practical application of labour law, these communities can be served with readily available advice. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
The institution and the Faculty of Law subscribe to the principles underlying outcomes-based, source-based and lifelong learning. In this context, considerations for articulation and mobility play an important role. The NWU embraces the view that recognition of prior learning (RPL) constitutes an essential element in relation to the transformation of access and admissions policies at education institutions in South Africa. The transformation of access and admissions policies is intended to increase participation and to broaden access to higher education in order to produce graduates with the skills and competencies necessary to meet the human resource needs of the country.

The institution and Faculty of Law acknowledge that RPL must be conducted in a valid, reliable and equitable way and that it must take place in accordance with the terms of the University's RPL Policy and in line with the relevant the procedures laid down by the Faculty.

Recognition and exemption of modules may be given in accordance with the provisions contained in the Academic Rules of the institution. The structure of this qualification makes the recognition of prior learning possible, thus, practical legal experience in the field of Labour Law will be taken into consideration. This qualification may therefore be achieved in part through the recognition of prior learning, which includes formal, informal and non-formal learning and work experience. If the the learner is able to demonstrate competence in the knowledge, skills, values and attitudes implicit in some of the modules of this qualification the appropriate credits will be assigned. Note that not more than a third of the total credits of the qualification can be assigned via RPL.

Enter Requirements:
Learners who apply for the Postgraduate Diploma in Labour Law must be in possession of one of the following:
  • An applicable undergraduate Law Degree, e.g. a Bachelors of Commerce (with law subjects), a Bachelors of Administration (with law subjects) or any other Bachelors' Degree at NQF Level 7.
    Or
  • A Diploma at NQF Exit Level 7 with majors in one of the following specialisations: human resource management, labour or industrial relations, labour law or industrial psychology.
    Or
  • A LLB at NQF Level 8.

    The qualifications of foreign learners will be submitted to SAQA for evaluation in terms of the standard RPL procedure of the NWU. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises three compulsory modules and one elective, totalling 120 Credits.

    Compulsory Modules:
  • The Constitution and other Labour Law Sources, 40 Credits.
  • Individual Labour Law, 20 Credits.
  • Collective Labour Law, 20 Credits.

    Electives Modules:
    (Learners must choose ONE elective module, each worth 40 Credits):
  • Dispute Resolution Practice and Procedure.
  • Labour Relations in the Safety and Security Sector.
  • Labour Law Relations in the Public Sector. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate comprehensive and systematic knowledge and critical understanding of the effect of constitutional provisions and relevant labour law legislation on the contract of employment.
    2. Demonstrate the ability to identify, analyse, evaluate and deal with or solve complex and/or real world labour law problems and issues using evidence-based solutions and theory-driven arguments.
    3. Demonstrate the skills necessary to appropriately consult clients, to collect, analyse, synthesise, and critically evaluate information and then apply knowledge and insight to reach conclusions and be able to make recommendations to clients and as a member of a group, organise and take action steps to implement recommendations.
    4. Demonstrate critical understanding of the rules of legal ethics as provided for by the public and private sectors, including safety and security institutions and to respect these rules in the day to day practice and to apply these rules in the day to day dealing with clients, colleagues and the judiciary. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcomes 1:
  • Coherent reasoning and legal argumentation in terms of the interpretation and application of labour laws are displayed.
  • The formation of employment contract and the resultant rights and duties flowing from the contract, the common law and the effect of statutory provisions and the impact of the Constitution on the content of the contract of employment are understood.
  • The provisions of the Employment Equity Act 1997 with regard to discrimination and the implementation of affirmative action measures in the workplace are interpreted.
  • An understanding of the provisions of the Labour Relations Act 1995 pertaining to the termination of the employment relationship and dispute resolution is demonstrated.
  • The collective labour law regulating the relationship between trade unions and employers and the law relating to industrial action are understood.
  • A clear understanding of the content of the contract of employment, discrimination and the establishment of affirmative action measures, the termination of the employment relationship, dispute resolution in labour law, the collective labour law and industrial action in individual assignments is reflected through assessments and the application of the knowledge in the practical advisory and problem solving situations.

    Associated Assessment Criteria for Exit Level Outcomes 2:
  • Complex and real world labour law problems are identified and evaluated.
  • Theoretical principles, judgements and legislation are applied to solve theoretical problems in the world of labour law.
  • All the labour issues relating to a specific situation and the relevant legislation and principles applicable thereto are identified and applied to reach a solution.
  • Labour law solutions are communicated effectively and efficiently.
  • Labour law problems are solved in coherence with other disciplines.
  • Resources are effectively and responsibly organised and coordinated and opportunities created in the labour law environment by applying the relevant theoretical aspects and reflect on their application.

    Associated Assessment Criteria for Exit Level Outcomes 3:
  • Information on labour law issues are collected, analysed, synthesised, critically evaluated and applied to reach conclusions and be able to make recommendations.
  • The correct delivery of others' viewpoints in respect of labour law theories, and the logical and systematically formulation of personal viewpoints or theories needed when communicating with other business and professional people are displayed.
  • Legally sound advice is given using defensible arguments and the applicable legal principles and available authority are applied.
  • Appropriate technology-that is, computer, e-mail, internet, and fax is utilised effectively in legal practice or the private and public security environment.

    Associated Assessment Criteria for Exit Level Outcomes 4:
  • Professional values, ethics and attitudes are demonstrated and applied.
  • The rules in the practice of the public and private sectors, including safety and security institutions, in all aspects of the client's interest through intensive consultation, protecting the confidentiality of client information, in the process of negotiation and litigation with the best interest of the client in mind and the maintenance of professional conduct towards colleagues and the judiciary are applied.
  • Information and research findings are retrieved, critiqued, integrated and communicated to specialist and non-specialist audiences using the resources of academic discourse and to participate in debates on South African individual labour law from a personalised ethical system.

    Integrated Assessment:
    Assessment practices are open, transparent, fair, valid, and reliable and an integrated approach to assessment is incorporated into the qualification. Furthermore, learning, teaching and assessment are inextricably interwoven.

    Formative assessment will consist of:
    At least three written assignments, case presentations, group discussion forums, proof of advanced information retrieval and processing skills and critical analysis projects, to prove integration and application of the knowledge, critical thinking and communication of information will be administered.

    The summative assessment will consist of:
    Summative assessment in each of the modules in the qualification will be conducted by means of a written examination paper which will be in the form of a take home open book examination, which will provide the learner with the final learning opportunity since it required the learner to solve intricate problems while they have their resources available.

    The final integrative assessment (examination) will determine whether the learner is able to demonstrate:
  • Critical application of theory, concepts, principles, legal rules, processes, structures to solve factual and real world issues, problems or situations.
  • Coherent understanding of Labour Law theory.
  • The ability to find new information and to integrate this information with existing knowledge.

    All assessment is applied in an integrated way to modules and specialised learning areas, where applicable, to determine competence in all the outcomes. 
    		•

    INTERNATIONAL COMPARABILITY 
    South Africa, in developing its body of labour laws since 1994, has largely followed the international standards set in the Conventions and Guidelines of the International Labour Organisation (ILO). Labour legislation found in the various acts provides for interpretation in line with the obligations of South Africa as part of the international community and in the application practitioners and judges are allowed to follow international jurisprudence in argument and judgement.

    The elements listed above forms an integrated part of the learning material and the sources provided to learners as well as those in the University library make the international standards and international case law accessible to learners.

    Conclusion:
    The Postgraduate Diploma in Labour Law was developed in concordance with international labour law standards set by the ILO. In view of that, international comparability was conducted at that level and not with other international offerings from individual institutions. 

    ARTICULATION OPTIONS 
    Horizontally this qualification articulates with:
  • Postgraduate Diploma in Laws Studies at NQF Level 8.

    Vertically this qualification articulates with
  • Master of Laws in Labour Law at NQF Level 9. 
    		•

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2015. 

    NOTES 
    The provider is accredited to offer this qualification in both Contact and Distance Learning modes. 

    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. North West 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.