Postgraduate Diploma in Labour Dispute Resolution

Purpose

The primary purpose of the Postgraduate Diploma is to strengthen and deepen learners' knowledge and skills in the field of Labour Dispute Resolution Practice. Working professionals such as Commissioners and people involved in labour law matters will undertake advanced reflection on current thinking and practice in labour dispute resolution. Learners will undergo development through high-level theoretical engagement with concepts, principles and practices in social justice, ethics and diversity, substantive law, conciliation, rulings, and arbitration. Learners will be expected to complete a research essay, demonstrating intellectual independence and an ability to deal with evidence and solve problems related to labour dispute resolution practice and drafting.

Learners will examine complex real-world problems using acquired skills of analysis, active listening, and application of the law to legal issues. Learners will justify the applicability of rules of evidence through advanced case studies in labour practice examples. In addition, learners will implement skills of evaluation, interpretation, and oratory to justify theoretical arguments pertaining to labour disputes. Finally, learners will prepare written arguments as solutions to labour dispute resolution conflicts.

A qualified learner will be able to

• Interpret various labour legislation through problem-based scenarios by applying the law to legal issues.
• Evaluate complex social issues and justice in the labour environment and formulate solutions to resolve the issues.
• Critique the conciliation and arbitration processes and procedures by hearing evidence, processing the evidence, and writing a judgment/ruling.
• Justify legal opinions relating to the application of substantive law to conciliation, arbitration, and labour practice scenarios.
• Examine complex real-world problems using acquired skills of analysis, active listening, and application of the law to legal issues.
• Justify the applicability of rules of evidence through advanced case studies in labour practice examples.

Rationale

The Commission for Conciliation, Mediation and Arbitration (CCMA) has approached the University for assistance in developing and presenting a qualification that would adequately prepare and train CCMA Commissioners employed at the Commission. The intention is for this qualification to be fully accessible to all individuals aspiring to become CCMA Commissioners and/or Bargaining Council Panellists, as well as individuals wishing to enhance their industrial relations and dispute resolution knowledge and skills. This includes trade unionists, human resource officers, industrial relations practitioners, managers, and legal practitioners among others.

To date, the industry, with the CCMA being the signatory body, has partnered with seven public universities in the development and delivery of the Labour Dispute Resolution (LDR) qualification. As part of the partnership agreement, the universities form part of an industry and university task team which consults and collaborates on the framework and content of the qualification.

In addition, collaboration with other universities may facilitate the fostering and strengthening of further research projects and collaboration amongst experts of shared interests. The qualification is designed to give learners a critical context of labour dispute resolution in practice, to improve their professional skills, as well as to create job opportunities for them with conciliation and arbitration skills. The professional pathway is towards a resolution practitioner for resolving labour disputes. This is a niche area, which is in continuous demand, as labour disputes are continuous and relevant in our current context.

The learning pathway of the postgraduate diploma prepares a learner to study a specialised Masters followed by a doctorate in law or philosophy.

Recognition of Prior Learning (RPL)

The institution has an approved Recognition of Prior Learning (RPL) policy applicable to equivalent qualifications for admission into the qualification. RPL will be applied to accommodate applicants who qualify. RPL thus provides alternative access and admission to qualifications, as well as advancement within qualifications.

RPL for access

• Learners who do not meet the minimum entrance requirements or the required qualification that is at the same NQF level as the qualification required for admission may be considered for admission through RPL.
• To be considered for admission in the qualification based on RPL, applicants should provide evidence in the form of a portfolio that demonstrates that they have acquired the relevant knowledge, skills, and competencies through formal, non-formal and/or informal learning to cope with the qualification expectations.

RPL for exemption of modules

• Learners may apply for RPL to be exempted from modules that form part of the qualification. For a learner to be exempted from a module, the learner needs to provide sufficient evidence in the form of a portfolio that demonstrates that competency was achieved for the learning outcomes that are equivalent to the learning outcomes of the module.

RPL for credit

• Learners may also apply for RPL for credit for or towards the qualification, in which they must provide evidence in the form of a portfolio that demonstrates prior learning through formal, non-formal and/or informal learning to obtain credits towards the qualification.
• Credit shall be appropriate to the context in which it is awarded and accepted.

Entry Requirements

• Bachelor of Commerce in Law, NQF Level 7

Or

• Bachelor of Social Sciences in Industrial Sociology, NQF Level 7

Or

• Advanced Diploma in Labour Law, NQF Level 7

This qualification consists of the following compulsory modules at National Qualifications Framework Level 8 totalling 125 Credits.

Compulsory Modules, Level 8, 125 Credits

• Social justice, Ethics, and Diversity in the CCMA Context, 15 Credits.
• Substantive Law, 10 Credits.
• Conciliation, 10 Credits.
• Rulings, 10 Credits.
• Managing Dismissal and Unfair Labour Practice Disputes, 15 Credits.
• Dealing with Evidence, 10 Credits.
• Arbitration, 10 Credits.
• Legal Drafting Skills, 15 Credits.
• Research Methodology, 15 Credits.
• Research Essay, 15 Credits.

Exit Level Outcomes

1. Demonstrate knowledge of labour dispute resolution theories, methods, processes, techniques, and practices related to social justice matters, substantive law, conciliation, rulings, and arbitration as well as an ability to engage in and apply such knowledge in various labour dispute resolution contexts.
2. Use a range of specialised skills and methods to identify, analyse, evaluate, and address complex real-world problems using evidence-based solutions and theory-driven arguments suited to labour dispute resolution practice.
3. Employ a critical understanding of ethical rules and codes of conduct by reflecting on and evaluating ethical issues in the CCMA context, the role of the Commissioner in practice and conduct with clients.
4. Conduct and report research by accessing, collecting, critically reviewing, managing, and professionally communicating information to creatively solve problems.
5. Analyse complex legal scenarios of unfair dismissal and apply the Labour Relations Act and Basic Conditions of Employment Act.
6. Apply a range of skills necessary to construct, draft and analyse labour rulings or judgments.
7. Demonstrate the ability to successfully conduct conciliation and arbitration proceedings from beginning to completion.

Associated Assessment Criteria for Exit Level Outcome 1.

• Interpret various labour legislation through problem-based scenarios by applying the law to legal issues.
• Critique the conciliation and arbitration processes and procedures by hearing evidence, processing the evidence, and writing a judgment or ruling.
• Justify legal opinions relating to the application of substantive law to conciliation, arbitration, and labour practice scenarios.

Associated Assessment Criteria for Exit Level Outcome 2.

• Examine complex real-world problems using acquired skills of analysis, active listening, and application of the law to legal issues.
• Justify the applicability of rules of evidence through advanced case studies in labour practice examples.
• Implement skills of evaluation, interpretation, and oratory to justify theoretical arguments pertaining to labour disputes.
• Prepare written arguments as solutions to labour dispute resolution conflicts.

Associated Assessment Criteria for Exit Level Outcome 3.

• Assess and critique the applicability of ethical conduct as a professional through the analysis of various scenarios and cases to differentiate between misconduct and unethical behaviour.
• Examine and critique the code of conduct and ethical rules through addressing problem-based scenarios in practice.
• Argue for and against ethical rules of practice through analysing examples of conflicts that arise in labour practice.

Associated Assessment Criteria for Exit Level Outcome 4.

• Conduct research to evaluate complex social issues and justice in the labour environment and formulate solutions to resolve the issues.
• Evaluate and apply the skills of being a competent Commissioner in Labour Practice namely analysis, active listening, and application of the law.
• Assess and critique the labour legislation applicable to unfair dismissal scenarios in practice.
• Evaluate the effectiveness of written judgments in labour practice scenarios.

Associated Assessment Criteria for Exit Level Outcome 5.

• Evaluate the applicability of the Labour Relations Act and the Basic Conditions of Employment Act to identify unfair labour dispute scenarios.
• Distinguish between unfair labour practices and unfair dismissal through critically analysing labour disputes.
• Prepare professionally sound written arguments on complex unfair dismissal disputes to propose solutions.

Associated Assessment Criteria for Exit Level Outcome 6.

• Formulate coherent judgments or rulings for labour dispute resolution problems.
• Assess the reviewability and appealability of labour rulings in labour practice scenarios.
• Implement drafting skills to write sound judgments and rulings in the resolution of labour conflict.

Associated Assessment Criteria for Exit Level Outcome 7.

• Devise the correct delivery of conciliation and arbitration processes through written and verbal communication for practice.
• Assess whether legal advice is sound when portraying the role of arbitrator and conciliator for practice.
• Compose suitable procedures for conciliation and arbitration relating to dispute resolution practice.
• Evaluate the acquired skills of the arbitrator and conciliator through debating, analysing and contrasting during practice.