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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Interpret unfair dismissal in terms of Labour Relations Legislation 
SAQA US ID UNIT STANDARD TITLE
376119  Interpret unfair dismissal in terms of Labour Relations Legislation 
ORIGINATOR
Task Team - Labour Relations 
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  10 
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 is able to understand the processes, procedures and legislation pertaining the handling of unfair dismissals. The learner be able to extract the necessary information from a situation and give comment on its legal status.

The qualifying learner is capable of:
  • Explaining the meaning of dismissal and unfair dismissal.
  • Explaining the dates related to dismissals and dismissal disputes.
  • Explaining the burden of onus, remedies and limits on compensation for unfair dismissal disputes.
  • Describing relevant flow diagrams relating to unfair dismissals.
  • Explaining the guidelines in the Code of Good Practice in terms of Labour Relations Legislation.
  • Explaining the differences between substantive and procedural fairness. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners accessing this qualification will have demonstrated competence in:
  • Communication at NQF Level 4. 
    		•

    UNIT STANDARD RANGE 
    As articulated in the Specific Outcomes and Assessment Criteria. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain dismissal and unfair dismissal. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    An explanation is given of the right of an employee not to be unfairly dismissed. 

    ASSESSMENT CRITERION 2 
    The meaning of dismissal and unfair dismissal is discussed in terms of Labour Relations Legislation. 

    ASSESSMENT CRITERION 3 
    The dispute resolution path for dismissals and unfair dismissals is outlined in a schematic format. 

    ASSESSMENT CRITERION 4 
    Forms of unfair dismissal are described in accordance with the legal framework. 

    ASSESSMENT CRITERION 5 
    An explanation is given of the date of dismissal in terms of in accordance with the legal framework. 

    ASSESSMENT CRITERION 6 
    Exceptions to the normal interpretation of the date of dismissal are identified and explained with examples. 

    ASSESSMENT CRITERION 7 
    Time limits are determined for the referral of a dispute in accordance with Labour Relations Legislation. 

    ASSESSMENT CRITERION 8 
    The concept and process of condo nation for late referrals are explained in accordance with the legal framework. 

    SPECIFIC OUTCOME 2 
    Explain the burden of onus, remedies and limits on compensation for unfair dismissal disputes. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    An explanation is given of the burden of onus in dismissal disputes. 

    ASSESSMENT CRITERION 2 
    Remedies for unfair dismissals are outlined with practical examples. 

    ASSESSMENT CRITERION 3 
    The limits imposed by Labour Relations Legislation are identified and listed for dismissal disputes. 

    ASSESSMENT CRITERION 4 
    An explanation is given of the prohibition on the substitution of compensation in terms of Law, Collective Agreements or Contracts of Employment. 

    SPECIFIC OUTCOME 3 
    Describe relevant flow diagrams relating to unfair dismissals. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Automatic unfair dismissals are explained in accordance with the legal framework. 

    ASSESSMENT CRITERION 2 
    Dismissals for participating in an unprotected strike are explained in accordance with the legal framework. 

    ASSESSMENT CRITERION 3 
    Unfair dismissals for operating reasons are explained in accordance with the legal framework. 

    SPECIFIC OUTCOME 4 
    Explain the guidelines in the Code of Good Practice in terms of Labour Relations Legislation. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    An explanation is given for the introduction to the Code of Good Practice and fair reasons for dismissal. 

    ASSESSMENT CRITERION 2 
    A summary of administrative measures in dismissals are given in accordance with the legal framework. 
    ASSESSMENT CRITERION RANGE 
    Administrative measures may include but are not limited to disciplinary measures, fair procedure and disciplinary records.
     

    ASSESSMENT CRITERION 3 
    An analysis is made of the considerations for dismissals in accordance with the legal framework. 
    ASSESSMENT CRITERION RANGE 
    Considerations for dismissals may include but are not limited to industrial action, misconduct, probation and poor work performance.
     

    ASSESSMENT CRITERION 4 
    A report is produced outlining the considerations and guidelines for the handling of ill health and injury. 

    SPECIFIC OUTCOME 5 
    Explain the differences between substantive and procedural fairness. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The concept of procedural fairness in a dismissal is explained in accordance with the legal framework. 

    ASSESSMENT CRITERION 2 
    The concept of substantive fairness in a dismissal is explained in accordance with the legal framework. 

    ASSESSMENT CRITERION 3 
    The limits on compensation for both procedural and substantive fairness are explained in accordance with the legal framework. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • 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 in place with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or an ETQA that has a Memorandum of Understanding in place 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 an ETQA that has a Memorandum of Understanding in place with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Labour Relations Legislation relating to unfair dismissals and disputes.
  • Commission for Conciliation, Mediation and Arbitration (CCMA) rules and relevant unfair dismissal dispute resolution procedures.
  • South African Labour Legislation and/or dispute resolution procedures in Bargaining Council Collective Agreements. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems that arise during the handling of unfair dismissals, in ways that display critical and creative thinking for solutions. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with all parties in the analysis of the dismissal. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities in ways that will contribute to the fairness of dismissals by all parties. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information which may be relevant to the establishing the fairness of the dismissal. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology to gather, capture, process and distribute information related to the dismissal. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems where unfair dismissals can have a negative effect on. 

    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  74570   National Certificate: Labour Relations Practice  Level 6  Level TBA: Pre-2009 was L6  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SERVICES 
    Elective  93993   National Certificate: Labour Relations Practice  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  61592   National Diploma: Human Resources Management and Practices  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  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.