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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Postgraduate Diploma in Labour Law Practice 
SAQA QUAL ID QUALIFICATION TITLE
94843  Postgraduate Diploma in Labour Law Practice 
ORIGINATOR
Nelson Mandela 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 Qualification is to enhance the professional competence of qualified lawyers and labour relations or labour law practitioners in labour dispute resolution processes.

The qualification will provide these practitioners with an opportunity to undertake advanced reflection in areas of the law pertaining to labour law practice, as well as focus on the development of specialised skills in these areas of practice. To achieve this, learners need to be exposed to advanced aspects of substantive labour law, as well as to labour dispute resolution mechanisms, collective bargaining and conciliation practice, practical application of the law of evidence in labour dispute resolution processes, labour arbitration practice, and the rules and practice applied in the Labour Court and Labour Appeal Court. This will be analysed and critiqued in the context of achieving social justice.

The curriculum therefore includes modules in substantive and procedural labour law with specific analysis of the dispute resolution mechanisms, practices and skills required to participate and interact effectively within this context. The qualification also allows learners to develop enhanced writing skills in labour dispute resolution aimed at either writing CCMA rulings or awards, or drafting Labour Court or Labour Appeal Court pleadings, depending on the individual candidate's preferred area of practice, thus allowing for a measure of occupational specialisation.

Rationale:
The rationale for the Postgraduate Diploma in Labour Law is to fulfill the need for graduates with specialised, in-depth knowledge of Labour Law and practice, who will then be able to participate in the practice of labour law in a way which is aligned with constitutional imperatives and current societal realities. In recent years the achievement of equity and social justice have become the focus of labour dispute resolution bodies such as the CCMA and the Labour Courts and the new proposed qualification has been designed to also address this.

Practising lawyers and labour relations practitioners do not necessarily possess the higher order knowledge and skills to deal with labour matters with the level and extent of professional competence which is required at present. Labour law consultants, human resource managers or specialists, presiding officers, and all other role-players in labour dispute resolution need a sound understanding of the complexities and current challenges undermining the effectiveness and efficiency of these dispute resolution processes. Enhancing the efficiency and effectiveness of these processes is a dire need at both local and national levels and this qualification aims to make a significant contribution to fulfilling this need.

Based on the sustained interest shown for the existing LLM (Labour Law) coursework qualification, as well as the interest expressed by Labour Law practitioners, it is clear that this qualification will be fully subscribed. 

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

Applicants who do not meet the admission criteria as stipulated, may apply for RPL based on substantial previous practical experience in the field of Labour Law. On application the Department may request a portfolio of evidence or any other evidence as required, which will be assessed in terms of the Nelson Mandela Metropolitan University RPL Policy. Candidates may also apply for exemption from certain modules on the grounds of credits obtained through relevant programmes of study.

Entry Requirements:
To gain access to this qualification, an applicant is required to have a:
  • An LLB Degree.
    Or
  • A Bachelor of Commerce or Bachelor of Arts with Human Resources.
    Or
  • An Honours Degree in Human Resources.
    Or
  • An Advanced Diploma in Human Resources plus relevant working experience. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification consists of eight compulsory core modules, amounting to 120 Credits.

    Compulsory Modules:
  • Substantive Labour Law, 20 Credits.
  • Labour Law and Social Justice, 10 Credits.
  • Unfair Dismissal and Unfair Labour Practice, 15 Credits.
  • Labour Dispute Resolution, 15 Credits.
  • Conciliation Practice, 10 Credits.
  • Arbitration Practice, 20 Credits.
  • Practice in the Labour Courts, 15 Credits.
  • Writing Skills in Labour Dispute Resolution, 15 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate an advanced level of knowledge of substantive labour law, including unfair dismissal and unfair labour practices, within the appropriate contextual framework.
    2. Demonstrate advanced knowledge of the procedures and processes through which labour law provisions are implemented within the South African context.
    3. Explain the impact of the Constitution on the practice of labour law and reflect on the extent to which social justice is achieved in labour dispute resolution processes.
    4. Demonstrate the practical skills required to manage and effectively participate in negotiation, conciliation and arbitration processes, as well as in labour court practice. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • The role and function of Labour Law in contemporary South African society is explained and critiqued.
  • The impact of labour legislation on the development of the common law contract of employment is analysed and appraised.
  • Topical issues pertaining to Labour Law are analysed and current solutions critically evaluated.
  • Scenarios involving unfair dismissals and unfair labour practices are analysed and solutions proposed in the light of current legislation and case law.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • The principles and rules relating to procedure and evidence which govern the implementation of South African labour law are identified and explained.
  • The application of these principles and rules is demonstrated by means of relevant case studies.
  • The different principles and rules adopted in respect of negotiation, conciliation and arbitration processes, as well as Labour Court and Labour Appeal Court practice, are identified and explained.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Sound knowledge of the influence of the Bill of Rights on labour law practice is demonstrated.
  • The importance of the achievement of social justice in labour dispute resolution processes is explained.
  • The impact of labour market conditions on labour law is analysed.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • The different skills required in relation to negotiation, conciliation and arbitration at the various Labour Dispute Resolution forums are identified, compared and evaluated.
  • The various skills required in negotiation, conciliation and arbitration are applied in the context of real or simulated scenarios.
  • Draft rulings, awards and pleadings are formulated.

    Integrated Assessment:
    The method of assessment may vary according to the module purpose, its subject matter and the teaching and learning approach adopted. Some modules are more theoretically oriented; others require a more practical, hands-on or applied approach. This will be reflected in the assessment instruments.

    A range of formative and summative assessment strategies will be used to ensure that the Exit Level Outcomes are Integrated. The more formative type assessment will include (i) individual and group assessments in the form of worksheets that build on acquired work experience, (ii) oral presentations to peers during contact sessions, based on the aforesaid assessments, (iii) interactive discussion and critical analysis of these presentations. Some of the assessments and presentations will be formally assessed to build up a class mark. Written examinations will form the summative assessment component at the end of each semester. Both the formative and summative assessments will use fictitious practical scenarios to assess the ability to apply the theoretical principles to practice. 
    		•

    INTERNATIONAL COMPARABILITY 
    The Postgraduate Diploma in Labour Law aligns well with the following qualifications:
    Post Graduate Diploma in Employment Law in Practice offered by the Northumbria University, Newcastle, England.

    The qualification is taught on a distance learning basis and takes 2 - 3 years to complete, depending on the route chosen. The qualification comprises 6 modules, 5 of which are compulsory, namely: Legal Research and Study Skills for Employment Law; The Employment Relationship; Managing Equality and Diversity in an Employment Context; Terminating the Employment Relationship; and Re-structuring the Employment Relationship. For the 6th module, learners are to elect either: Employment Tribunal Practice and Procedure, or Information Rights and Employment Law. Learners are assessed through the completion of written assignments of no more than 3,000 words for each module. There are no formal examinations for this qualification.

    Professional Diploma in Employment Law: University College Dublin, Ireland

    This 30 Credit qualification consists of a series of 10 lectures in Semester One together with a Distinguished Guest Lecture on Employment Law I and a series of a further 10 lectures in Semester Two together with a workshop on Dispute Resolution Machinery (Employment Law II). Learners will be required to complete a dissertation by the end of each semester for which 10 Credits will be applied to each. There is a two-hour end of year examination to which a further 10 Credits will be applied. The syllabus is designed to provide learners with a detailed knowledge of all aspects of the law relating to employment law, both individual and collective. It includes the formation of a contract of employment, employment rights and duties, dismissal, employment equality, industrial action, workplace privacy, bullying, stress at work and freedom of association.

    Conclusion:
    The overall structure of these three qualifications differs in terms of their credit values, duration, modules and mode of learning. Another difference is that learners who pursue the Postgraduate Diploma in Labour Law do not have to complete and submit a dissertation. However, all the qualifications aim to provide these learners with an opportunity to undertake advanced reflection in areas of the law in relation to labour law practice, as well as focus on the development of specialised skills in these areas of practice. Thus, the Postgraduate Diploma in Labour Law compares favourably with the international offerings. 

    ARTICULATION OPTIONS 
  • This qualification articulates horizontally with Postgraduate Diploma in Law at NQF Level 8.
  • This qualification articulates vertically with a relevant coursework or full research Master's Degree, subject to any additional admission or selection requirements that may be set for the Master's Degree. 
    		•

    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 
    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. Nelson Mandela 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.