The Certificate Programme in Labour Dispute Resolution Practice
2015
Issued September 2014
1. Introduction
The Law Faculty of Stellenbosch University will again offer the Certificate Programme in Labour
Dispute Resolution Practice in 2015. This demanding short learning programme is aimed at prospective commissioners of the CCMA, bargaining council arbitrators and other labour law practitioners - ie human resources, industrial relations and employee relations practitioners, owners and senior employees of businesses, labour consultants, organizers, legal officers and other officials of trade unions. The course is offered both in Gauteng (Midrand) and the Western Cape
(Stellenbosch) - subject to the reservation that a minimum of 25 persons register and attend per venue.
2. Endorsement by the CCMA and the broader Labour Relations Practice Industry
The qualification was developed in consultation with the CCMA and the broader labour relations practice industry and, as such, is recognized by the CCMA and the industry as a programme that will enhance the industrial relations and dispute resolution skills of trade unionists, industrial relations practitioners, human resources practitioners, legal practitioners, aspirant CCMA commissioners and bargaining council panellists. While no guarantees can be given, the qualification is also seen as a strong advantage for entry into the labour relations practice industry as an arbitrator, conciliator or mediator in labour dispute resolution practice.
3. US accreditation, SAQA accreditation and Skills Development Levies
The Certificate Programme in Labour Dispute Resolution Practice is a short learning programme accredited by Stellenbosch University as a programme that carries 90 credits at NQF level 8.
Stellenbosch University is accredited as a provider by the Department of Higher Education and
Training (DHET) and is registered on the SAQA list of Public Higher Education Providers. Public Higher

Education institutions do not receive provider accreditation/registration numbers from the
Department of Education or from SAQA.
SAQA’s policy is that all short course providers are required to initiate the accreditation process with their Education and Training Quality Assurer (ETQA). In Stellenbosch University’s case this is the
Higher Education Quality Committee (the HEQC). The HEQC delegated the responsibility for the accreditation of short course programmes to higher education institutions themselves provided they have developed criteria to assure the quality of their short course programmes. The Certificate in
Labour Dispute Resolution Practice is accredited by the University by means of its quality assurance systems and mechanisms that have been approved by the Council on Higher Education (CHE)/HEQC.
As such, the programme complies with SAQA regulations.
The Skills Development Levies Act provides for recovery of levy payments based on the submission of Workplace Skills Plans (WSPs), Workplace Skills Implementation Plans (WSIPs) and the submission of the names of skills development facilitators (SDFs). Stellenbosch University meets all these requirements. Companies or institutions whose employees attend short courses accredited and offered by Stellenbosch University can claim from their Skills Levy Funds, if these short courses are incorporated into their companies’ skills plans which they submit to the SETAs.
4. Overview of the programme
Below, you will find more information about the course, its content and cost and also how to apply.
Should you have further questions, please contact Ms Eileen Ferrier: eferrier@sun.ac.za
021 808
3561 (who runs the administration of the course) or Prof Christoph Garbers: cgarbers@sun.ac.za
or
021 808 2559 (who is the academic course leader).
4.1 Goal of the Programme
This comprehensive qualification aims to provide participants – prospective commissioners of the
CCMA, bargaining council arbitrators and other labour law practitioners – with the required knowledge and skills to function as ‘ready to practice’ arbitrators, representatives of, or advisors to their employers or organizations in all areas of labour law. Ultimately, the goal is to produce participants with appropriate knowledge of industrial relations and the labour market in South
Africa; a deep understanding of labour law and related areas of law (eg the law of contract and evidence) and the ability to apply this in practice; the ability to write and draft legal documents (inclusive of rulings and awards) clearly and simply based on proper and ongoing research;

the ability to effectively participate in or conduct and manage an in limine hearing; the ability to effectively participate in or conduct and manage negotiation, mediation and conciliation; the ability to effectively participate in or conduct and manage an arbitration hearing; appreciation of social justice; knowledge and appreciation of diversity; knowledge of soft skills, interpersonal skills and communication skills and the ability to appropriately apply them during labour dispute prevention and resolution processes.
4.2 Entry requirements:
In order to be allowed to the CertLDRP, a candidate must be in possession of a law or other relevant degree; or have successfully completed a qualification in labour law or other related field equivalent to NQF level 6 or higher (such as, for example, the Certificate Programme in Advanced Labour Law at
UNISA), and/ or must have (extensive) relevant experience.
4.3 Cost
The fee for the CertLDRP for 2015 is R27 500,00. This includes all study materials such as prescribed books as well as the cost of attending all 21 days of workshops during the year (excluding travel and accommodation). Materials will be handed to students during the first workshop in March/ April.
4.4 Application
An application form is included at the end of this document.
4.5 Structure of the Course

The CertLDRP consists of:
the Development Programme in the Practice of Labour Law (DPPLL),
a workshop in Negotiation and Conciliation; and
a Labour Arbitration Workshop.
The Development Programme in the Practice of Labour Law:
This year-long part of the course has a twofold focus. First, it encompasses a detailed study of labour law and related areas of law, such as contract, evidence, and practice and procedure. In this regard, students have to attend two compulsory blocks of lectures of five days each – one at the end of March/ beginning of April, the other in the second half of July.
Lecturers are handpicked and, during 2014, included Prof Christoph Garbers (US), Prof
Avinash Govindjee (NMMU), Prof PAK le Roux, Prof Barney Jordaan, Prof Tammy Cohen
(UKZN), Emma Fergus (UC T) and Craig Bosch. Secondly, it is an express goal of this part of the course to develop the legal reasoning and writing skills of participants. Students will have to complete a number of assignments during the course of the year (these assignments together make up 60% of a student’s final mark). This is followed by a comprehensive examination – to be completed December – January – based on both the theoretical and practical aspects of the whole programme (the examination counts 40% of the final mark)
Students will be provided with all study materials (it is included in the fee) – prescribed books, lecture notes and hand-outs as well as CCMA materials, where applicable.
The provisional dates for the lectures are:
Gauteng (Midrand): 7-11 April 2015; 13-17 July 2015
Western Cape (Stellenbosch): 23-27 March 2015; 20-24 July 2015
The Workshop in Negotiation and Conciliation:
Against the background of knowledge gained in the DPPLL, this five day practical workshop is designed to enable prospective commissioners and panellists of bargaining councils as well as representatives of organisations to effectively participate in or conduct/ manage the resolution of labour disputes through different processes short of arbitration. In particular, the workshop will address, through practical presentations and assessment (mostly by senior people from the CCMA), aspects and topics such as self- awareness, communication and interpersonal skills, ethics, basic negotiation skills, conciliation in the context of alternative dispute resolution, statutory conciliation and closure in conciliation.
For purposes of this workshop, the body of students will be divided into smaller groups.
These smaller groups will have to attend the workshop on allocated dates from the middle of August to the beginning of September (the exact dates to be confirmed). Again,

workshops will be presented both in Gauteng (Midrand) and the Western Cape
(Stellenbosch).
Labour Arbitration Workshop:
Against the background of the knowledge gained in the DPPLL, this six day workshop is designed to enable prospective commissioners and panelists of bargaining councils as well as representatives of organisations to effectively participate in or conduct/ manage the labour arbitration process. In particular, through practical presentation and assessment
(with the input of senior persons from the CCMA), the workshop will address topics such as: rulings (an overview of what rulings are, jurisdictional rulings, other rulings, drafting rulings); the participation in and conduct/management of dismissal and unfair labour practice disputes (distinguishing between different types of dismissals, procedural and substantive fairness, onus of proof in dismissal disputes, remedies for unfair dismissal disputes, elements of various offences, unfair labour practices, predismissal arbitration, CCMA Guidelines-Misconduct Arbitrations); jurisdiction to arbitrate and other preliminary issues; how to conduct an arbitration hearing; default arbitration; reviews; certification; variation and rescission; ethics in arbitration; presenting and managing evidence in an arbitration hearing; analysing evidence in a closing argument or an arbitration award; drafting relevant documentation – heads of argument, closing argument, award writing (structure and content, how to identify material facts, how to link facts to conclusions, how to make findings).
For purposes of this workshop, the body of students will be divided into smaller groups. These smaller groups will have to attend the workshop on allocated dates from the middle of August to the beginning of September (the exact dates to be confirmed). Again, workshops will be presented both in Gauteng (Midrand) and the Western Cape

The workshop will be presented during November (exact dates to be determined) in both
Gauteng (Midrand) and the Western Cape (Stellenbosch).

The Certificate Programme in Labour Dispute Resolution Practice
Application Form (2015)
Please complete this form by typing and attaching the information required and e-mailing it back to cgarbers@sun.ac.za or eferrier@sun.ac.za
Please Note: Once you are accepted you will be provided with instructions for your further registration, invoicing and payment. Please note that barring exceptional circumstances, we require full pre-payment.
Surname:
Full Names:
ID No:
Current Employer and Position:
Physical Address:
Postal Address:
E-Mail address:
Courier address:

Telephone Numbers (work and cell):
Qualifications and Experience:
Please note: Successful completion of prior studies in Labour Law (or studies related to labour law) and/ or a good measure of experience is a prerequisite for success in this course. Please provide detail of your degree(s) and/or of short learning programmes you have completed and/ or experience. Attach proof if necessary.
Person/ Institution responsible for payment of fees (full particulars):
Please Note:
I would like to attend lectures and the workshops in (mark X next to your preference):
Stellenbosch
Midrand