Postgraduate Diploma in Labour Law

Purpose

The purpose of the qualification is the advancement of expertise in Labour Law and the development of the necessary skills [such as drafting of documents, resolving of disputes (conducting the necessary research for this purpose), preparing documentation for the CCMA and and Labour Courts] in a changing environment in order to comply with the identified needs of employers and employees.

Students will be professionally competent to

• Provide sound advice on matters regarding labour law to a wide range of clients in society and business.
• Assist employers and employees to understand the intricacies of Labour Law.
• Promote the principles of fairness and equity in all labour matters.

Rationale

To fulfill a need identified by qualified professionals from different professions as well as labour relations officials to enhance their knowledge and skills of application of labour law and other legislation in the labour environment. The Labour Relations Act, Basic Conditions of Employment Act, Skills Development Act and other related legislation and legal developments became increasingly important in the workplace. Managers, employers (of especially small business enterprises) and human resource managers, among others, need applicable education knowledge to appropriately address labour issues in the workplace. They, however, have no time or need to enroll for a four year professional LL.B Degree, at this stage the only option available to them to acquire and meet the outcomes of knowledge and expertise required, except for non-credit bearing short courses. Even in the legal professions the need for specialization and updating, without commitment to a full postgraduate LL.M, was identified and is also to be addressed by the programme. The programme opens new learning and career pathways. The programme complies with national requirements on NQF Level 7, and as such cater for the learning needs of the target student intake referred to above.

The qualification is generic in nature and therefore applicable to all disciplines of learning and professions. It deals with the legal aspects of the employment relationship affecting every employer and employee in South Africa and internationally.

Access to the Qualification

The entry requirements for the qualifications are in accordance with the general standards required for post-graduate studies as set out in the General Regulations (Advanced and Postgraduate Qualifications) of the University of the Free State under General Regulations Concerning Postgraduate Diplomas, Advanced University Diplomas and Certificates, and complies with current legislation.

Specific admission requirements

• Students with formal learning from any discipline on NQF Level 6, with an appropriate first degree (of which modules in labour law formed part) or equivalent qualification on NQF Level 6.
• Relevant experience confirmed by a prior learning assessment evaluation according to the policy referred to in par 11 below, will be admitted to the diploma.

Recognition of Prior Learning (RPL)

Recognition of prior learning takes place according to a set policy of the University.

Programme Directors in co-ordination with the Head of the relevant Department in the Faculty of Law deals with RPL applications after it was screened and referred by FSHEC (Free State Higher Education Consortium) to the UFS and the Faculty of Law. For the purpose of this programme RPL applications will be dealt with by the Department of Mercantile Law and the programme director responsible for Post Graduate Qualifications.

Learning Components; Credits

• Fundamental; 20 Credits.
• Core; 100 Credits.

Total Credits = 120 Credits.

Regarding associated assessment criteria, students will have to provide evidence of attaining the required knowledge and expertise by:

• Presenting and analysing hypothetical case studies and proposals in labour law.
• Drafting contracts of employment and other documentation used in the employment relationship.
• Writing opinions on stated cases with suggested strategies to address and resolve the legal problems; writing proposals for the enhancing of fair and equitable labour practices.

Integrated Assessment

Internal assessment takes place by means of written assignments (to fulfill the need for continuous assessment) and a final written assessment, moderated internally and externally. A policy and procedures are in place whereby students have access to memoranda of papers written, can query results and discuss assessments with lecturers. Assessment is conducted and the results published in accordance with the Assessment Policy of the University of the Free State.

The assessment or written assignments and feedback by lecturers monitor student progress. An open-door policy for students to discuss progress and academic problems is followed by the faculty in accordance with the Education Policy of the University of the Free State.