1. Introduction

This Postgraduate Diploma in Labour Law aims to provide an academic deepening and broadening of professional experience and application to law graduates, practicing attorneys, public servants and members of the private sector in South Africa. It also allows non-practicing attorneys and other lawyers with a B Proc, B Juris or LLB qualification to enter a career in labour law, constitutional labour law and international labour law. This comprehensive course has the objective of enhancing the candidate’s knowledge of and practice-related skills in individual labour law, collective labour law, the core sources of labour law and dispute resolution. Specific emphasis will be placed on the practical application of labour law principles in resolving a dispute, so to bridge the gap between academia and practice.

1. Prior knowledge required

In order to gain access to the programme, a candidate must have successfully completed an undergraduate qualification in law of which labour law was a major subject. Qualifications on at least NQF level 7 with human resource management, labour or industrial relations as major subjects will also be accepted. It is paramount that the candidate has prior knowledge and understanding of the labour law and its core principles.

1. Programme outcomes

• The student should demonstrate comprehensive and systematic knowledge and critical understanding of, among other things:
• The interpretation and application of labour law;
  • the formation of the contract of employment and the resulting rights and duties flowing from the contract, the common law and the effect of statutory provisions and the impact of the Constitution on the content of the contract of employment;
  • the provisions of the Employment Equity Act 1998 with regards to discrimination and the implementation of affirmative action measures in the workplace;
  • the provisions of the Labour Relations Act 1995 pertaining to the termination of the employment relationship and dispute resolution; and
  • the collective labour law regulating the relationship between trade unions and employers and the law relating to industrial action.
• The student should demonstrate the ability to identify, analyse, evaluate, and deal with/solve complex and/or real-world labour law problems and issues using evidence-based solutions and theory-driven arguments.
• The student should demonstrate that he/she has acquired the skills necessary to appropriately consult clients, to collect, analyse, synthesise, and critically evaluate information and then apply knowledge and insight to reach conclusions and be able to make recommendations to clients and as a member of a group, organise and take steps to implement recommendations.
• The student should demonstrate a critical understanding of the rules of legal ethics as provided for by the public and private sectors, including safety and security institutions and to respect these rules in the day-to-day practice and to apply these rules in the day to day dealing with clients, colleagues and the judiciary.

1. Modules

PGDL 511: The Constitution and other Labour law sources
This module offers students a critical understanding of the sources of South African labour law and the impact of the Constitution of the Republic of South Africa on labour law. In addition, the module deals with an introduction to the South African labour law (in particular, historical and labour market underpinnings), general principles of the law of contract, social justice, ethics and diversity in the CCMA context. The module will also reflect on English for Commissioners.

PGDL 512: Individual labour law
This module is aimed at broadening and deepening the knowledge of the student on matters relevant to the individual employment relationship. This involves labour law issues pertaining to the parties to an individual employment relationship, atypical employment, basic conditions of employment, dismissals, unfair labour practices, discrimination and the ultimate resolution of disputes regarding these matters.

PGDL 521: Collective labour law
This module is focused on the collective labour relationships involved in the South African labour law. Students’ knowledge and understanding of freedom of association, collective bargaining, bargaining units, trade unions, collective agreements, strikes etcetera will be deepened. The crucial role of the Constitution of the Republic of South Africa in matters of freedom of association and collective bargaining will also be scrutinised.

PGDL 522: Dispute Resolution Practice and Procedure
On completion of this module, the student should be able to display a critical understanding of the dispute resolution institutions in labour law and specifically the practices and procedures thereof. The module takes a practical approach to said practices and procedures in conciliations and arbitrations and also provides the student with a deeper understand of and practical skills in analysis and application of evidence, and award writing.
 

1. Lecturers

• Dr Anri Botes (LLD in Labour law)
• Dr Estie Gresse (LLD in Labour law)
• Mr Kagiso Masilo (Director: Undergraduate Programmes)
• Mr Walter Nkhumise (LLM in Labour law)
• Prof. Hugo Pienaar (Practicing attorney in Labour law)
• Prof. Piet Myburgh (Practicing attorney in Labour law)
• Ms Elsabé Harmse (Senior commissioner of the CCMA)
• Adv. Ronald Bracks (Practicing attorney in Labour law and Senior Commissioner of the CCMA)

1. Research and possible topics

This programme does not have a research component and as such, students are not required to submit a mini-dissertation.

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

The purpose of this programme is to train the CCMA commissioners of the future and furnish them with the necessary knowledge and skills to apply for commissionership. The knowledge and skills gained from this programme will also benefit anyone currently involved in the labour law discipline and who wishes to advance in their labour law career.

Seminar Programme 2024 1st Semester