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: 

Apply relevant labour law 
SAQA US ID UNIT STANDARD TITLE
116100  Apply relevant labour law 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 7  Level TBA: Pre-2009 was L7  4 
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
2026-06-30   2029-06-30  

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 
This unit standard is aimed at understanding the various laws regulating the relationship between employers and employees, e.g. the labour law, Basic conditions of Employment, Employment equity Act, etc.

The qualifying learner will be able to:
  • Discuss the industrial relations framework and represent / advise clients in respect of all applicable laws.
  • Explain the common law principles of employment agreements.
  • Discuss and apply labour law.
  • Resolve labour disputes.
  • Describe the Basic Conditions Of Employment Act, 75 of 1997 (BCEA)
  • Describe the Employment Equity Act, 55 of 1998 (EEA) 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners registering for this unit standard will have demonstrated competence in legal knowledge at NQF level 7 as contained in a recognised law degree like B Proc or LLB or any other qualification recognised as equivalent to such a law degree in terms of legislation as indicated in the notes to the qualification. This assumed learning is listed in paragraph 4 of the qualification "Post graduate certificate in Attorneys Practice". 

    UNIT STANDARD RANGE 
    Range statements are included with specific outcomes as necessary. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Discuss the industrial relations framework and represent / advise clients in respect of all applicable laws. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain the labour relationship of the various parties involved. 

    ASSESSMENT CRITERION 2 
    Distinguish between an employee and an independent contractor. 

    ASSESSMENT CRITERION 3 
    Explain labour relations in South Africa from a historical and social perspective. 

    ASSESSMENT CRITERION 4 
    Advise clients on the obligations of employers and the rights of employees in terms of the common law and labour legislation. 

    ASSESSMENT CRITERION 5 
    Advise clients with regard to the application and content of the Basic Conditions of Employment Act, 75 of 1998, the Employment Equity Act, 55 of 1998 and the Labour Relations Act, 66 of 1995. 

    ASSESSMENT CRITERION 6 
    Advise clients on the functions of the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and Labour Appeal court and the concept of representation in the above forums. 

    ASSESSMENT CRITERION 7 
    Assist clients in enforcing their rights in the appropriate forums, drafting the required documentation and following the correct procedures. 

    SPECIFIC OUTCOME 2 
    Explain the common law principles of employment agreements. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain the basis and essentials of the South African contract of employment with reference to the common law basis and development thereof. 

    ASSESSMENT CRITERION 2 
    Discuss the provisions governing and define the concept "employee". 

    ASSESSMENT CRITERION 3 
    Explain the considerations involved in the formation of a contract of employment. 

    ASSESSMENT CRITERION 4 
    Explain the sources of the contract of employment. 

    ASSESSMENT CRITERION 5 
    Explain the content of the individual employment relationship with regard to the employer's and the employee's duties. 

    ASSESSMENT CRITERION 6 
    Explain the ways in which an employment contract may be terminated and advise / assist clients. 

    SPECIFIC OUTCOME 3 
    Discuss and apply labour law. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Distinguish between individual and collective labour law. 

    ASSESSMENT CRITERION 2 
    Distinguish between substantive and procedural fairness. 

    ASSESSMENT CRITERION 3 
    Define a "dismissal" and explain the importance thereof with reference to constructive dismissal, failure by an employer to renew a fixed term employment contract, employees who desert and automatically unfair dismissals. 

    ASSESSMENT CRITERION 4 
    Explain and apply the principles of "misconduct" as a ground justifying dismissal with reference to "good reason", "specific acts of misconduct" and "elements of a fair hearing". 

    ASSESSMENT CRITERION 5 
    Explain and apply the concept of "incapacity" and its significance in labour law. 

    ASSESSMENT CRITERION 6 
    Explain and apply the concept of "operational requirements" and its significance in labour law. 

    ASSESSMENT CRITERION 7 
    Explain the notion of collective bargaining. 

    ASSESSMENT CRITERION 8 
    Indicate the roles of the various bargaining agents and forums. 

    ASSESSMENT CRITERION 9 
    Explain the concept "collective bargaining" and its significance in labour law. 

    ASSESSMENT CRITERION 10 
    Explain the concept "dispute resolution" and its significance in labour law. 

    ASSESSMENT CRITERION 11 
    Explain "industrial action" with reference to the procedure for a protected strike, "lock-outs" and "work stoppage". 

    ASSESSMENT CRITERION 12 
    List the forms of industrial action that fall short of full-blown work stoppages. 

    ASSESSMENT CRITERION 13 
    Explain "collective discipline" with regard to a substantive and procedural fairness. 

    ASSESSMENT CRITERION 14 
    Explain the concepts "strike", "lock-out", issue in dispute, "dispute", "Protest Action" as dealt with in the new Labour Relations Act. 

    ASSESSMENT CRITERION 15 
    Explain the concept of "balloting" with regard to a protected strike. 

    ASSESSMENT CRITERION 16 
    Explain the circumstances under which strikes or lock-outs may not take place. 

    ASSESSMENT CRITERION 17 
    Indicate when the Labour Court will have exclusive jurisdiction in respect of a strike or lock-out. 

    ASSESSMENT CRITERION 18 
    Indicate what a "secondary strike" means and the provisions with which it must comply. 

    ASSESSMENT CRITERION 19 
    Define "essential services" and "maintenance services" for purposes of the Labour Relations Act. 

    ASSESSMENT CRITERION 20 
    Explain the provisions of Section 197 of the Labour Relations Act relating to the transfer of a contract of employment. 

    ASSESSMENT CRITERION 21 
    Advise on the meaning of the concept of "unfair labour practice" as it applied to the previous Labour Relations Act. 

    ASSESSMENT CRITERION 22 
    List the unfair labour practices, which are dealt with in Part B of Schedule 7 of the current Labour Relations Act. 

    ASSESSMENT CRITERION 23 
    Explain the concept of discrimination as far as it relates to the question of unfair labour practices. 

    SPECIFIC OUTCOME 4 
    Resolve labour disputes. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Understand the basic functions of the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and Lab.our Appeal Court. 

    ASSESSMENT CRITERION 2 
    Explain the requirements for a review to the Labour Court. 

    ASSESSMENT CRITERION 3 
    Explain the concept of representation in each of the above forums. 

    ASSESSMENT CRITERION 4 
    Explain the jurisdiction of each of the above forums in relation to the types of dispute, which may be referred to each of them. 

    ASSESSMENT CRITERION 5 
    Apply the rules of the Labour Court in an ordinary application and in an application for review in the Labour Court. 

    SPECIFIC OUTCOME 5 
    Describe the Basic Conditions Of Employment Act, 75 of 1997 (BCEA). 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Indicate which employees are excluded from the application of the BCEA. 

    ASSESSMENT CRITERION 2 
    Discuss the provisions of the BCEA with regard to ordinary hours of work, overtime pay for work on Sundays, night work, public holidays and leave. 

    SPECIFIC OUTCOME 6 
    Describe the Employment Equity Act, 55 of 1998 (EEA). 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Indicate the purpose of the EEA. 

    ASSESSMENT CRITERION 2 
    Indicate who the beneficiaries of employment equity will be. 

    ASSESSMENT CRITERION 3 
    Define "designated employers". 

    ASSESSMENT CRITERION 4 
    Indicate the duties of an employer with regard to affirmative action issues and discuss the provisions governing their enforcement. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO by SAQA.
  • The POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO.
  • Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.
  • Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Demonstrated knowledge and understanding:
  • The nature and functioning of legal organizations and the legal system.
  • Ethical and professional conduct.
  • Problem solving techniques.
  • Values such as fairness, justice, accountability, etc. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Personal development. 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems. 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation or community. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to the personal development of learners and the society and economy, by being culturally sensitive and by participating as responsible citizens in the life of local, national and global communities. 

    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  48920   National Certificate: Attorneys Practice  Level 7  NQF Level 07  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    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.
     
    1. LAW SOCIETY OF SOUTH AFRICA 


    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.