Demonstrate and apply an understanding Labour Relations Act (Act 66 of 1995)

ID: 114278
NQF Level: Level 5
Credits: 12

PURPOSE OF THE UNIT STANDARD
The person credited with this Unit Standard is able to demonstrate an understanding of labour relations issues. It will also allow the learner to facilitate fair and equitable adjustments and implementation of the various labour related acts.

The qualifying learner is capable of:

• Demonstrating an understanding of the purpose and primary objects, application and interpretation of the Labour Relations Act
• Describing the bodies created by the Labour Relations Act
• Identifying the relevant stakeholders covered by the Labour Relations Act
• Explaining the various categories of dismissal disputes covered by the Labour Relations Act
• Describing the appropriate dispute resolution route for dismissal disputes as set out in the Labour Relations Act
• Demonstrating an understanding of disputes referred as Unfair Labour Practice, org rights and mutual interest as set out in the Labour Relations Act
• Demonstrating an understanding of the various codes of good practice and schedules in terms of the Labour Relations Act

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING
The learner undertaking this Unit Standard should be competent in:

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

UNIT STANDARD RANGE
N/A

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1
Demonstrate an understanding of the purpose and primary objects, application and interpretation.
OUTCOME NOTES
Demonstrate an understanding of the purpose and primary objects, application and interpretation of the Labour Relations Act.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. The major purpose of the Labour Relations Act is outlined orally and in writing.

ASSESSMENT CRITERION 2
2. The primary objects of the Labour Relations Act are described with examples.

ASSESSMENT CRITERION 3
3. The Labour Relations Act is applied to a number of relevant, real or simulated cases.

SPECIFIC OUTCOME 2
Describe the bodies created by the labour relations act.
OUTCOME RANGE
These bodies would include: LC, LAC, CCMA, BC, Workplace Forums, Governing Body, and Essential Services Committee.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. The bodies created and regulated by the Labour Relations Act are identified and listed.

ASSESSMENT CRITERION 2
2. The purpose, powers and roles of these bodies are explained with examples.

SPECIFIC OUTCOME 3
Identify the relevant stakeholders covered by the Labour Relations Act.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. The relevant stakeholders covered by the Labour Relations Act are identified and listed.

ASSESSMENT CRITERION 2
2. The rights and obligations of the various stakeholders in the Labour Relations Act are explained in tabular form.

SPECIFIC OUTCOME 4
Explain the various categories of dismissal disputes covered by the Labour Relations Act.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. The various categories of conduct dismissals that may be referred in terms of the Labour Relations Act are identified and explained with examples.

ASSESSMENT CRITERION 2
2. Capacity dismissals that may be referred in terms of the Labour Relations Act are identified and described with examples.

ASSESSMENT CRITERION 3
3. Operational requirements dismissals in terms of the Labour Relations Act are described with examples.

ASSESSMENT CRITERION 4
4. The various categories of automatic unfair dismissals as set out in the Labour Relations Act are described with examples.

SPECIFIC OUTCOME 5
Describe the appropriate dispute resolution route for dismissal disputes.
OUTCOME NOTES
Describe the appropriate dispute resolution route for dismissal disputes as set out in the Labour Relations Act.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. The appropriate dispute resolution path for conduct dismissals is described as set out in the Labour Relations Act.

ASSESSMENT CRITERION 2
2. The appropriate dispute resolution path for capacity dismissals is described as set out in the Labour Relations Act.

ASSESSMENT CRITERION 3
3. The appropriate dispute resolution path for operational requirements dismissals is described as set out in the Labour Relations Act.

ASSESSMENT CRITERION 4
4. The appropriate dispute resolution path for automatic unfair dismissals is described as set out in the Labour Relations Act.

SPECIFIC OUTCOME 6
Demonstrate an understanding of disputes referred as unfair labour practice disputes.
OUTCOME NOTES
Demonstrate an understanding of disputes referred as unfair labour practice disputes, organisational rights disputes and mutual interest disputes as set out in the Labour Relations Act.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. Identify and describe the various categories of unfair labour practices that may be referred in terms of the Labour Relations Act.

ASSESSMENT CRITERION 2
2. Identify and describe organizational right disputes that may be referred in terms of the Labour Relations Act.

ASSESSMENT CRITERION 3
3. Describe the definitions of strikes, lock-outs, picketing, and refusal to bargain.

ASSESSMENT CRITERION 4
4. Differentiate between a dispute of interest and a dispute of right in terms of the Labour Relations Act.

ASSESSMENT CRITERION 5
5. Describe and explain the appropriate dispute resolution paths for Unfair Labour Practice, Organisational Rights and Mutual Interest disputes.

SPECIFIC OUTCOME 7
Demonstrate and apply an understanding of the various codes of good practice and schedules.
OUTCOME NOTES
Demonstrate and apply an understanding of the various codes of good practice and schedules in terms of the Labour Relations Act.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1
1. The various Codes of Good Practice and Schedules are identified and listed with examples.

ASSESSMENT CRITERION 2
2. A presentation is given on the major features of the Codes of Good Practice and Schedules in terms of the Labour Relations Act.

ASSESSMENT CRITERION 3
3. The various codes of good practice and schedules are applied to a number of relevant, real or simulated examples.

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 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 at its discretion.

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE
The knowledge underpinning the above specific outcomes is:

• The Labour Relations Act.

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.
Identify and solve problems related to the interpretation of related labour legislation and its impact on all stakeholders.

UNIT STANDARD CCFO WORKING
Team and group work.

UNIT STANDARD CCFO ORGANISING
Organizing and managing self within the context of organizational transformation.

UNIT STANDARD CCFO COLLECTING
Collecting, analysing, organising and critically evaluating information, pertaining to all related Labour Legislation for bargaining councils and collective agreements.

UNIT STANDARD CCFO CONTRIBUTING
A systemic approach to the company within the context of a transforming society.
QUALIFICATIONS UTILISING THIS UNIT STANDARD:

	ID	QUALIFICATION TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	STATUS	END DATE	QUALITY ASSURING BODY
Core	57612	National Certificate: Arts and Culture Enterprise	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	CATHSSETA
Core	93993	National Certificate: Labour Relations Practice	Level 5	NQF Level 05	Reregistered	2015-06-30	As per Learning Programmes recorded against this Qual
Core	49743	National Certificate: Manufacturing Management	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	FOODBEV
Core	49337	National Certificate: Multi-National Safety and Security Operations Management	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	SAS SETA
Core	73129	National Diploma: Public Relations Practice	Level 5	NQF Level 05	Reregistered	2015-06-30	SERVICES
Elective	61595	Further Education and Training Certificate: Business Administration Services	Level 4	NQF Level 04	Reregistered	2015-06-30	As per Learning Programmes recorded against this Qual
Elective	66489	Further Education and Training Certificate: Foundry Operations	Level 4	NQF Level 04	Reregistered	2015-06-30	MERSETA
Elective	66389	Higher Certificate: Diagnostic and Procedural Coding	Level 5	NQF Level 05	Reregistered	2015-06-30	HW SETA
Elective	50438	National Certificate: Immigration Services	Level 5	Level TBA: Pre-2009 was L5	Passed the End Date – Status was “Registered”	2009-06-29	Was PSETA until Last Date for Achievement
Elective	58624	National Certificate: Library and Information Services	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	ETDP SETA
Elective	50245	National Certificate: Maintenance Coordination	Level 5	Level TBA: Pre-2009 was L5	Passed the End Date – Status was “Registered”	2010-11-11	TETA
Elective	79406	National Certificate: Maintenance Coordination	Level 5	NQF Level 05	Reregistered	2015-06-30	MERSETA
Elective	58625	National Certificate: Occupational Safety	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	As per Learning Programmes recorded against this Qual
Elective	58759	National Certificate: Ports and Harbours	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	TETA
Elective	50060	National Certificate: Public Administration	Level 5	Level TBA: Pre-2009 was L5	Reregistered	2015-06-30	PSETA
Elective	58183	National Diploma: Forensic Pathology Support	Level 5	NQF Level 05	Reregistered	2015-06-30	SAS SETA
Elective	50023	National Diploma: Legal Interpreting	Level 5	NQF Level 05	Reregistered	2015-06-30	SAS SETA
Elective	62829	National Certificate: Law Enforcement: Sheriffing	Level 6	Level TBA: Pre-2009 was L6	Reregistered	2015-06-30	SAS SETA
Elective	61729	National Diploma: Policing	Level 6	NQF Level 06	Reregistered	2015-06-30	SAS SETA