Labour Law: Getting the basics right
I’m acutely aware that most, if not all of the reputable businesses on TFSA, are familiar with what is to follow. This is therefore intended for the small business person who has little or no foundation in labour law. The format it takes is one of question and answer. I will build on it with the ensuing passing of time.
Naturally, anyone is free to add to it or build on it as it were.
Treat this as a basic workshop
1. After completing this basic workshop you should have an ability to:
1.Demonstrate a basic understanding of the Labour Relations Act
2.Explain the meaning of dismissal and unfair dismissal
3.Explain the dates related to dismissals and dismissal disputes.
4.Explain the burden of onus, remedies and limits on compensation for unfair dismissal disputes.
5. Describe relevant flow diagrams relating to unfair dismissals.
6. Explain the guidelines in the Code of Good Practice in terms of Labour Relations Legislation.
7. Explain the differences between substantive and procedural fairness.[1]
The learner must be able to extract the necessary information from a situation and give comment on its legal status.[2]
2. Learning assumed to be in place
2.1 It is assumed that delegates attending this workshop are able to:
Explain and apply labour relations to the disciplinary process
Handle meetings
Apply writing, listening and talking skills
Communicate effectively
Apply principles of policy and procedure implementation
Demonstrate an understanding of an organisation and its functions
Apply consultation skills
1.1Learning: “learning” means the acquisition of knowledge, understanding, values, skill, competence or experience;[3]
1.2 Standard: The registered statements of desired education and training outcomes and their associated assessment criteria;[4]
1.3 Learning outcome: Contextually demonstrated end product of the learning process;[5]
1.4 Unit Standard(US):Registered statement of desired education and training outcomes and its associated assessment criteria together with administrative and other information as specified in the regulations[6];
1.5 Specific outcome: Knowledge, skills and values (demonstrated in context) which support one or more critical outcomes[7];
1.6 Formative assessment: Refers to assessment that takes place during the process of learning and teaching;
1.7 Summative assessment: Is assessment for making a judgement about achievement. This is carried out when a learner is ready to be assessed at the end of a program of learning.
2. Abbreviations
1. NQF: “NQF” means the national qualifications framework contemplated in Chapter 2;[8]
2. SAQA: “SAQA” means the South African Qualifications Authority contemplated in Chapter 4;[9]
3. Frequently asked questions
1. Do I need to be accredited to conduct workshops?
No, you do not need to be accredited to conduct workshops, unless, the workshop is intended to lead to obtaining a part qualification, qualification or official recognition of a learner having achieved a unit standard;
2. Why refer to SAQA unit standards?
These unit standards are public property and provide clear guidelines into what a specific learning program should entail. When any material from a unit standard is reproduced or quoted, the only requirement is that SAQA should be acknowledged as the source
3. What unit standards relate to labour law alternatively the disciplinary process?
There are various SAQA unit standards applicable(the following are just a few):
3.1 Unit Standard Title: Conduct a disciplinary Hearing: SAQA Unit Standard ID: 10985
3.2 Unit Standard Title: Institute Disciplinary Action: SAQA Unit Standard ID: 11286
3.3 Unit Standard Title: Demonstrate and apply and understanding of the Labour Relations Act 66 of 1995: SAQA Unit Standard ID: 114278
3.4 Unit Standard Title: Demonstrate basic understanding of the Primary Labour Legislation that impacts on a business unit: SAQA Unit Standard ID:13952
3.5 Unit Standard Title: Interpret and apply labour legislation relating to strikes, lock-out and picketing: SAQA Unit Standard ID: 337081
3.6 Unit Standard Title: Interpret unfair dismissal in terms of labour relations legislation: SAQA Unit Standard ID: 376119
Kindly note that the aforementioned unit standards can be accessed using any search engine. These unit standards provide no course material whatsoever! You need to develop and compile your own course material. It is, however, beneficial to access these unit standards so that you know to following a proper guideline.
[1] SAQA: SAQA Unit Standard ID 376119: Interpret unfair Dismissal in terms of labour relations legislation
[2] SAQA: SAQA Unit Standard ID 376119: Interpret unfair Dismissal in terms of labour relations legislation
[3] National Qualifications Framework Act 67 of 2008. Section 1
[4]SAQA:http://www.saqa.org.za/show.asp?id=2697. Accessed 15 January 2014
[5] SAQA:http://www.saqa.org.za/show.asp?id=2697. Accessed 15 January 2014
[6] SAQA:http://www.saqa.org.za/show.asp?id=2697. Accessed 15 January 2014
[7] SAQA:http://www.saqa.org.za/show.asp?id=2697. Accessed 15 January 2014
[8] National Qualifications Framework Act 67 of 2008. Section 1
[9] National Qualifications Framework Act 67 of 2008. Section 1
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