1. Programme name

Structured LLM in Labour Law

  1. Programme code

6CP P01/ R801M / R801P

  1. Campus

Mafikeng Campus (English only)

Potchefstroom Campus (English only)

  1. Delivery mode

Contact with an online component (blended)

  1. Programme leader

Dr Estie Gresse

  1. Introduction

Thank you for taking the time to browse through the website and for showing an interest in our programme. The Structured LLM in Labour Law at NWU provides students with the necessary framework to develop relevant and critical theoretical and intellectual competencies. It further enables students to obtain current and relevant knowledge on South African labour law and equips them with the tools to solve complex labour law issues in practice. On completion of this programme, the student should demonstrate a comprehensive and specialised knowledge base in labour law and the ability to apply the knowledge; a coherent and critical understanding of the methodology of labour law so as to rigorously critique and evaluate current research in this field, participate in scholarly debates and research relating to theory and practice in labour law;  the ability to use advanced information-retrieval and processing skills to identify, critically analyse and synthesise information relevant to complex and/or real-world problems, cases and issues in the field of labour law, debating solutions from theoretical and research perspectives published in current literature and presenting the information to specialist and non-specialist audiences using IT effectively; and the ability to critically evaluate and apply the ethics, values, rules, norms and regulations pertaining to labour law encapsulated in national and international instruments, as well as in its historical, socio-economic and political contexts.

  1. Prior knowledge required

To qualify for admission to the LLM programme, a student must have met all the requirements set by this University or any other South African university for the LLB degree. A student in possession of another equivalent (as approved by Senate) four-year legal degree may apply for admission to the LLM degree. In addition, a prospective student must comply with all other requirements as prescribed in the rules of the faculty offering the qualification, and as contained in the faculty yearbook. It will be to the advantage of a to have successfully completed an undergraduate Labour law module.

  1. Programme outcomes

On completion of this programme the student will be able to demonstrate:

  • a comprehensive and systematic knowledge base in labour law and the ability to apply the knowledge; to engage and critique legal research and practices within the field of labour law and /or and to contribute to disciplined thinking about labour law matters and issues;
  • a coherent and critical understanding of the methodology of labour law so as to rigorously critique and evaluate current research in this field, participate in scholarly debates and research relating to theory and practice; 
  • the ability to use advanced information-retrieval and processing skills to identify, critically analyse and synthesize information relevant to complex and/or real-world problems, cases and issues in the field of labour law, debating solutions from theoretical and research perspectives published in current literature and presenting the information to specialist and non-specialist audiences using IT effectively; and
  • the ability to critically evaluate and apply the ethics, values, rules, norms and regulations pertaining to labour law encapsulated in national and international instruments, as well as in its historical, socio-economic and political contexts.
  1. Modules

LMLL 811 Individual Labour Law

          On completion of this module, the student should demonstrate:

  • comprehensive and systematic knowledge of theoretical and practical questions pertaining to individual labour law and its general principles in its historical, socio-economic and political contexts.
  • coherent understanding of research theory and practice applicable to this field and reflect critical thinking in the identification, analysis and solution of complex ill-defined real-world problems, issues and case studies.
  • advanced ability to retrieve, critique, integrate and communicate information and research findings to specialist and non-specialist audiences using the resources of academic discourse and to participate in debates on South African individual labour law from a personalised ethical system.
  • the ability to give legally sound advice using defensible arguments
  • and applying the applicable legal principles and available authority

LMLL 812 Collective Labour Law and Dispute Resolution

        On completion of this module, the student should demonstrate:

  • comprehensive and systematic knowledge of theoretical and practical questions pertaining to collective labour law, bargaining and dispute resolution.
  • coherent understanding of research theory and practice applicable to this field and reflect critical thinking in the identification, analysis and solution of complex ill-defined real-world problems, issues and case studies.
  • advanced ability to retrieve, critique, integrate and communicate information and research findings to specialist and non-specialist audiences using the resources of academic discourse and to participate in debates on collective labour law, bargaining and dispute resolution from a personalised ethical system.
  • the ability to give legally sound advice using defensible arguments and applying the applicable legal principles and available authority

LMLL 821 Public International and Comparative Labour Law

        On completion of this module, the student should demonstrate:

  • comprehensive and systematic knowledge of theoretical and practical questions pertaining to the contents, application and execution of international and comparative labour law;
  • coherent understanding of research theory and practice applicable to this field and reflect critical thinking in the identification, analysis and solution of complex ill-defined real-world problems, issues and case studies;
  • advanced ability to retrieve, critique, integrate and communicate information and research findings to specialist and non-specialist audiences using the resources of academic discourse and to participate in debates on international and comparative labour law issues from a personalised ethical system; and the ability to give legally sound advice using the applicable law, defensible arguments and applying the applicable domestic and international legal principles and available authority

LMLL 822 Social Security and Occupational Health and Safety Law

        On completion of this module, the student should demonstrate:

  • comprehensive and systematic knowledge of theoretical and practical questions pertaining to social security and occupational, health and safety;
  • coherent understanding of research theory and practice applicable to this field and reflect critical thinking in the identification, analysis and solution of complex ill-defined real-world problems, issues and case studies;
  • advanced ability to retrieve, critique, integrate and communicate information and research findings to specialist and non-specialist audiences using the resources of academic discourse and to participate in debates on social security and occupational health and safety from a personalised ethical system; and the ability to give legally sound advice using defensible arguments and applying the applicable legal principles and available authority
  1. Lecturers

During seminars and assignments, students will be confronted with practical labour issues and recent case law to develop their skills in critical thinking and problem solving. To provide the necessary guidance to students, the four modules in this programme are presented by a variety of academics/labour law practitioners - all experts in the field with years of experience.

The modules are presented by the following staff members:

  1. Research 

A master's degree by course work requires a high level of theoretical engagement and intellectual independence, including a research project culminating in the acceptance of a dissertation of limited scope. It will be expected of you to submit a research proposal and a mini dissertation. Some of the interesting topics our students wrote about last year, included a critical review of the requirements of employment equity plans in South Africa; a critical evaluation of the constitutional uses of polygraph tests in the South African workplace; The de-registration of a trade union: implications  for South Africa; The impact of voluntary collective bargaining under the Labour Relations Act on the constitutional right to bargain collectively; and the importance and relevance of fair discrimination in order to achieve employment equity in the workplace in South Africa.

  1. Employment options or further study opportunities after completion of the programme

The LLM programme in Labour Law enables students to obtain current and relevant knowledge on South African labour law and equips them with the tools to solve complex labour law issues in practice. This programme is ideal for those who are already practising labour law and wish to stay up to date, or those who are only starting their law career and aspire to be labour practitioners. This is also a valuable degree for anyone who is an employee or employer — knowing, understanding and respecting labour law is key to a healthy employment relationship. We aim to offer a comprehensive programme covering the most important aspects of labour law.

A wide variety of relevant topics are addressed, including the parties involved in the individual employment relationship, labour brokers, dismissals, unfair labour practices, basic conditions of employment, discrimination, collective bargaining, dispute resolution, occupational health and safety and social security, all against the background of recent legislative developments. Since South Africa is a member state of the International Labour Organization (ILO) and should adhere to the global labour standards the ILO proposes in its conventions and recommendations, an international and comparative labour law module has been incorporated into the programme. This module will give the student insight into South Africa's international obligations in this area. During seminars and assignments, students will be confronted with practical labour issues and recent case law in an attempt to develop their skills in critical thinking and problem solving.

We are proud to say that the LLM qualification aims to provide an academic deepening and broadening of professional experience for outstanding law graduates from South Africa. It serves as an academic qualification for careers in the areas of labour law providing students with theoretical and practical knowledge of individual labour law, collective bargaining and dispute resolution, international and comparative labour law, social security and occupational health. With regard to its field of study, it intends to bridge the gap between academia and practice.

 

Seminar Programme 2024 1st Semester