Analyse and interpret unfair dismissal in dispute resolution

ID: 119944
NQF Level: Level 6
Credits: 10

PURPOSE OF THE UNIT STANDARD
A person credited with this Unit standard will be able to identify unfair labour practice (ULP) in terms of the Labour Relations Act (LRA), 66 of 1995, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The qualifying Learner will be able to:

• Explain the right not to be unfairly dismissed and the meanings of dismissal and unfair dismissal.
• Explain the relation between the date of dismissal and appropriate referral times in dismissal disputes.
• Explain the burden of onus, the remedies and limits on compensation for unfair dismissal disputes.
• Prepare and explain flow diagrams relating to unfair dismissals.
• Explain relevant guidelines in the Code of good practice.
• Differentiate between substantive and procedural fairness.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

• Communication at NQF Level 4
• Mathematical Literacy at NQF Level 4

UNIT STANDARD RANGE
The Labour Relations Act, 66 of 1995.

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1
Explain the right not to be unfairly dismissed and the meanings of dismissal and unfair dismissal.
OUTCOME RANGE
The LRA 66 of 1995.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
The right of an employee not to be unfairly dismissed is explained in a written format.

ASSESSMENT CRITERION 2
A comprehensive summary of the meaning of dismissal and automatic unfair dismissal in terms of the LRA 66 of 1995 is discussed in a group and recorded.

ASSESSMENT CRITERION 3
The appropriate dispute resolution path for dismissals and automatic unfair dismissals in terms of the LRA 66 of 1995 is outlined.

ASSESSMENT CRITERION 4
Additional forms of unfair dismissals in terms of the LRA 66 of 1995 are identified and summarised.

SPECIFIC OUTCOME 2
Explain the relation between the date of dismissal and appropriate referral times in dismissal disputes.
OUTCOME RANGE
The LRA 66 of 1995.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
An explanation of the date of dismissal in terms of Section 190 is provided and exceptions to the normal interpretation of the date of dismissal in terms of the LRA are clearly specified in a written report.

ASSESSMENT CRITERION 2
The appropriate time limits for the referral of a dispute in terms of the LRA are determined and an explanation of the concept and process of condonation for late referrals is provided in a report outlining the implications of condonation for mediation.

SPECIFIC OUTCOME 3
Explain the burden of onus, the remedies and limits on compensation for unfair dismissal disputes.
OUTCOME RANGE
The LRA 66 of 1995.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
The responsibilities of each of the parties in dismissal disputes are described and the remedies for unfair dismissals are outlined in a report.

ASSESSMENT CRITERION 2
The limits imposed by the LRA for dismissal disputes are identified.

ASSESSMENT CRITERION 3
The prohibition on the substitution of compensation for any other amount that an employee is entitled to in terms of the relevant law, Collective Agreements or Contracts of Employment, is presented.

SPECIFIC OUTCOME 4
Prepare and explain flow diagrams relating to unfair dismissals.
OUTCOME RANGE
Schedule 4 of the LRA: Unfair Dismissal 10,11,12 and 13.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
A flow diagram on automatic unfair dismissals is drafted and presented.

ASSESSMENT CRITERION 2
A flow diagram on dismissals for participating in an unprotected strike is drafted and presented.

ASSESSMENT CRITERION 3
A flow diagram on unfair dismissal for operational reasons is recreated and presented.

SPECIFIC OUTCOME 5
Explain relevant guidelines in the Code of good practice.
OUTCOME RANGE
Schedule 8 in the LRA 66 of 1995.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
A brief explanation of the Code of good practice and fair reasons for dismissal is provided outlining the reasons for applying the Code.

ASSESSMENT CRITERION 2
A description of disciplinary measures (not including dismissal), fair procedure and disciplinary records are produced in a written report.

ASSESSMENT CRITERION 3
An analysis of the considerations for dismissals for industrial action, misconduct, probation, poor work performance is undertaken and results presented.

ASSESSMENT CRITERION 4
A report on the considerations and guidelines for ill health or injury is produced outlining the scope of the Code.

SPECIFIC OUTCOME 6
Differentiate between substantive and procedural fairness.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
The concept of procedural fairness in dismissal is described in a report.
ASSESSMENT CRITERION RANGE
The Labour Relations Act.

ASSESSMENT CRITERION 2
The concept of substantive fairness in a dismissal is explained in an essay.
ASSESSMENT CRITERION RANGE
The Labour Relations Act.

ASSESSMENT CRITERION 3
The limits on compensation for both procedural and substantive fairness are summarised.

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

• This Unit standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA.
• 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 with the relevant ETQA.
• Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding 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 with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
• Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies).

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE
The Labour Relations Act.
Legislation related to unfair dismissals.

UNIT STANDARD DEVELOPMENTAL OUTCOME
N/A

UNIT STANDARD LINKAGES
N/A

Critical Cross-field Outcomes (CCFO):

UNIT STANDARD CCFO IDENTIFYING
Problem identification and solution in creative ways when the remedies for unfair dismissal are identified and when differentiating between substantive and procedural fairness.

UNIT STANDARD CCFO COLLECTING
Critically collecting, evaluating and analysing information when the limits imposed by the LRA for dismissal disputes are established.

UNIT STANDARD CCFO DEMONSTRATING
The learner will demonstrate an ability to communicate effectively when contributing to the discussion on the meaning of dismissal and automatically unfair dismissals.

UNIT STANDARD CCFO CONTRIBUTING
Contribute to the full personal development of each learner and the social and economic development of the society at large, by making it the underlying intention of any programme of learning to make an individual aware of the importance of being culturally and aesthetically sensitive across a range of social contexts when managing cases.

QUALIFICATIONS UTILISING THIS UNIT STANDARD:

	ID	QUALIFICATION TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	STATUS	END DATE	QUALITY ASSURING BODY
Core	93994	National Diploma: Labour Relations Practice: Dispute Resolution	Level 5	NQF Level 05	Reregistered	2015-06-30	As per Learning Programmes recorded against this Qual
Core	63369	National Diploma: Trade Union Practice	Level 5	NQF Level 05	Reregistered	2015-06-30	ETDP SETA