Postgraduate Diploma in Labour Law Practice

Purpose

The purpose of the Qualification is to enhance the professional competence of qualified lawyers and labour relations or labour law practitioners in labour dispute resolution processes.

The qualification will provide these practitioners with an opportunity to undertake advanced reflection in areas of the law pertaining to labour law practice, as well as focus on the development of specialised skills in these areas of practice. To achieve this, learners need to be exposed to advanced aspects of substantive labour law, as well as to labour dispute resolution mechanisms, collective bargaining and conciliation practice, practical application of the law of evidence in labour dispute resolution processes, labour arbitration practice, and the rules and practice applied in the Labour Court and Labour Appeal Court. This will be analysed and critiqued in the context of achieving social justice.

The curriculum therefore includes modules in substantive and procedural labour law with specific analysis of the dispute resolution mechanisms, practices and skills required to participate and interact effectively within this context. The qualification also allows learners to develop enhanced writing skills in labour dispute resolution aimed at either writing CCMA rulings or awards, or drafting Labour Court or Labour Appeal Court pleadings, depending on the individual candidate's preferred area of practice, thus allowing for a measure of occupational specialisation.

Rationale

The rationale for the Postgraduate Diploma in Labour Law is to fulfill the need for graduates with specialised, in-depth knowledge of Labour Law and practice, who will then be able to participate in the practice of labour law in a way which is aligned with constitutional imperatives and current societal realities. In recent years the achievement of equity and social justice have become the focus of labour dispute resolution bodies such as the CCMA and the Labour Courts and the new proposed qualification has been designed to also address this.

Practising lawyers and labour relations practitioners do not necessarily possess the higher order knowledge and skills to deal with labour matters with the level and extent of professional competence which is required at present. Labour law consultants, human resource managers or specialists, presiding officers, and all other role-players in labour dispute resolution need a sound understanding of the complexities and current challenges undermining the effectiveness and efficiency of these dispute resolution processes. Enhancing the efficiency and effectiveness of these processes is a dire need at both local and national levels and this qualification aims to make a significant contribution to fulfilling this need.

Based on the sustained interest shown for the existing LLM (Labour Law) coursework qualification, as well as the interest expressed by Labour Law practitioners, it is clear that this qualification will be fully subscribed.

Recognition of Prior Learning (RPL)

Applicants who do not meet the admission criteria as stipulated, may apply for RPL based on substantial previous practical experience in the field of Labour Law. On application the Department may request a portfolio of evidence or any other evidence as required, which will be assessed in terms of the Nelson Mandela Metropolitan University RPL Policy. Candidates may also apply for exemption from certain modules on the grounds of credits obtained through relevant programmes of study.

Entry Requirements

To gain access to this qualification, an applicant is required to have a

• An LLB Degree.

Or

• A Bachelor of Commerce or Bachelor of Arts with Human Resources.

Or

• An Honours Degree in Human Resources.

Or

• An Advanced Diploma in Human Resources plus relevant working experience.

The qualification consists of eight compulsory core modules, amounting to 120 Credits.

Compulsory Modules

• Substantive Labour Law, 20 Credits.
• Labour Law and Social Justice, 10 Credits.
• Unfair Dismissal and Unfair Labour Practice, 15 Credits.
• Labour Dispute Resolution, 15 Credits.
• Conciliation Practice, 10 Credits.
• Arbitration Practice, 20 Credits.
• Practice in the Labour Courts, 15 Credits.
• Writing Skills in Labour Dispute Resolution, 15 Credits.

1. Demonstrate an advanced level of knowledge of substantive labour law, including unfair dismissal and unfair labour practices, within the appropriate contextual framework.
2. Demonstrate advanced knowledge of the procedures and processes through which labour law provisions are implemented within the South African context.
3. Explain the impact of the Constitution on the practice of labour law and reflect on the extent to which social justice is achieved in labour dispute resolution processes.
4. Demonstrate the practical skills required to manage and effectively participate in negotiation, conciliation and arbitration processes, as well as in labour court practice.

Associated Assessment Criteria for Exit Level Outcome 1

• The role and function of Labour Law in contemporary South African society is explained and critiqued.
• The impact of labour legislation on the development of the common law contract of employment is analysed and appraised.
• Topical issues pertaining to Labour Law are analysed and current solutions critically evaluated.
• Scenarios involving unfair dismissals and unfair labour practices are analysed and solutions proposed in the light of current legislation and case law.

Associated Assessment Criteria for Exit Level Outcome 2

• The principles and rules relating to procedure and evidence which govern the implementation of South African labour law are identified and explained.
• The application of these principles and rules is demonstrated by means of relevant case studies.
• The different principles and rules adopted in respect of negotiation, conciliation and arbitration processes, as well as Labour Court and Labour Appeal Court practice, are identified and explained.

Associated Assessment Criteria for Exit Level Outcome 3

• Sound knowledge of the influence of the Bill of Rights on labour law practice is demonstrated.
• The importance of the achievement of social justice in labour dispute resolution processes is explained.
• The impact of labour market conditions on labour law is analysed.

Associated Assessment Criteria for Exit Level Outcome 4

• The different skills required in relation to negotiation, conciliation and arbitration at the various Labour Dispute Resolution forums are identified, compared and evaluated.
• The various skills required in negotiation, conciliation and arbitration are applied in the context of real or simulated scenarios.
• Draft rulings, awards and pleadings are formulated.

Integrated Assessment

The method of assessment may vary according to the module purpose, its subject matter and the teaching and learning approach adopted. Some modules are more theoretically oriented; others require a more practical, hands-on or applied approach. This will be reflected in the assessment instruments.

A range of formative and summative assessment strategies will be used to ensure that the Exit Level Outcomes are Integrated. The more formative type assessment will include (i) individual and group assessments in the form of worksheets that build on acquired work experience, (ii) oral presentations to peers during contact sessions, based on the aforesaid assessments, (iii) interactive discussion and critical analysis of these presentations. Some of the assessments and presentations will be formally assessed to build up a class mark. Written examinations will form the summative assessment component at the end of each semester. Both the formative and summative assessments will use fictitious practical scenarios to assess the ability to apply the theoretical principles to practice.