Postgraduate Diploma in Alternative Labour Dispute

Field: Business, Commerce and Management Studies

1. Rationale

Labour Dispute Resolution (LDR) and specifically alternative dispute resolution in labour disputes, as opposed to litigation or conventional adversarial civil justice process, has increasingly become important locally and worldwide as a paradigm shift in dispute resolution. In Namibia, generally, the Court mediation processes introduced by the new High Court Rules and, particularly, in the context of labour disputes, the application of conciliation and arbitration processes provided for by the Act are manifestations of this phenomenon.

 The Postgraduate Diploma in Alternative Dispute Resolution (level 8) is an academic programme for persons seeking specialised education in alternative dispute resolution theory and practice, with specific reference to labour disputes.  The programme provides candidates from a variety of disciplines with a strong understanding of the diversity of fields within the Labour Dispute Resolution continuum. This diploma will enable the students to acquire dispute settlement competencies – such as negotiation, mediation, conciliation, and arbitration skills – and to prepare them adequately for a profession in alternative dispute resolution.

2. Purpose

The proposed programme will foster capacity building and provide advanced technical skills to graduates to successfully formulate solutions, explore and resolve workplace conflicts. The programme will further contribute to the transformation and capacity building in the labour dispute resolution industry by providing access at a higher postgraduate education to all individuals aspiring to become conciliators and arbitrators or those individuals wishing to enhance their dispute resolution skills, including trade unionists, Industrial, Relations practitioners, managers and legal practitioners.

The Labour Advisory Council (LAC) is a labour institution established under section 93 of the Act and in terms of sections 82 and 85 of the Act, its legislative mandate includes the power to investigate and advise the Minister in respect of the qualifications and appointments of conciliators and arbitrators. It is reported that the LAC recently evaluated the tertiary educational trainings available for potential arbitrators and conciliators, and was of the opinion that the current available course, Diploma in Labour Dispute Resolution (DADR), is general and does not speak to the specific needs of the Office of the Labour Commissioner.

It is also equally noted from the graduates of the Bachelor degree and Honours in HR (NQF) Level 7 or 8 that there seems to be limited opportunities to specialise in a specific function of HR and hence, the faculty observed the trend of HR undergraduates migrating to pursue other Masters programmes (NQF) Level 9 namely; MBA-HR, MPPM and MIRD. Therefore, this can also serve to fulfill the plight and expectations of the HR undergraduates in the country.

Who is this qualification for?

This qualification is designed for those who work in organisational administration and human resources in the for-profit, non-profit, or public sector.

3. Admission requirements

To be registered for the Postgraduate Diploma in Alternative Dispute Resolution (level 8), candidates must hold qualification at NQF Level 7 or Level 8, in Human Resource Management fields and other related fields from any recognised institution.

A candidate without a Bacherlor’s Degree, but who hold a qualification from a recognised institution of higher learning deemed to be equivalent to a bachelor’s degree may also be considered for admission; provided that he/she has accumulated at least three (3) years working experience at management level.

4. Qualification duration

The Postgraduate Diploma in Alternative Dispute Resolution (level 8) will be offered through a blended learning approach. The study period for the qualification is a minimum of 1 year (full-time/part-time/block mode) and a maximum of 2 years. The qualification comprises two (2) semesters per academic year. Semester one (1) runs from January to June and semester two (2) runs from July to December.

5. Outcome for whole qualification

Holders of this qualification are able to:

• Carry out research and determine how research findings are useful in forming an understanding of work, labour relationships and resolution of labour disputes.
• Apply the concept of individual labour law and its interconnection with various branches of law especially the law of contract.
• Explore the fundamental rights and protections afforded to employers and employees in the workplace.
• Identify the various types of dispute resolution through the judicial process and alternative dispute resolution.
• Draft conciliation certificates, and arbitration awards.
• Identify the sources of the law of evidence.

1. Credit Systems

Reference is made to the internationally acceptable formula: one (1) credit equates fifteen (15) notional hours (learning). A postgraduate diploma IUM student will attract one hundred and fifty (150) credits. Successful completion of this level will qualify the student to register for the Masters in Public Policy and Management, MBA Human Resource and Masters in International Relations. Students cannot gain admission to a Masters  if they do not pass all the courses in postgraduate diploma.

Successful completion of this year will allow a student to register for the two (2) years Masters degree. He/she has the freedom to choose in what area his/her major should lie.

General Guideline for Teaching and Learning Time per Subject (10 hours per credit)

1. Articulation

The Postgraduate Diploma in Alternative Dispute Resolution (level 8) qualification grants admission to Masters in Public Policy and Management, MBA Human Resource and Masters in International Relations or any other related Masters qualifications or any qualification at NQF level 9.

1. Credit Transfer

Credit is the value assigned for the recognition of equivalence in content and learning outcomes between different types of learning and/or qualifications. Credit reduces the amount of learning required to achieve a qualification and may be through credit transfer, articulation, recognition of prior learning or advanced standing.

To be awarded these credits, IUM will need to assess the courses or combination of courses as equivalent to IUM courses.

The awarded credits are governed by the IUM degree programme rules and the rules covering credit. Courses awarded as credits need to have been studied within the past 5 years.

Generally, credit will be given if the courses were taken at an accredited institution of higher learning; the course was equivalent to courses offered at IUM, or compatible with Namibian Qualification Authority requirements.

Coursework will be evaluated for its current relevance and may not transfer if the material is out-dated more than 5 years since the course was attended and examination sat and passed and/or the course was not passed at the first examination sitting.

Credits earned at an accredited college may not transfer unless the credit earned is equivalent to courses offered in degree qualification.

Credits earned at IUM are also transferable to other institutions of higher learning.

Acceptance of credits earned at other institutions is limited to 50% of the total credits required for an IUM qualification. No more than half the major area course requirements can be earned through transfer and/or exemption credit.

The IUM reserves the right to reject any or all credits from other institutions, regardless of their accreditation status, when it determines through investigation or otherwise that the quality of instruction at such institutions is for any reason deficient or unsatisfactory. The judgment of the IUM on this question shall be final.

The IUM reserves the right to disallow transfer credit for courses if the student’s subsequent grades in required courses in the same subject fall below average.

1. Assessment

Continuous Assessment (CA) attracts 40% of the final grade. This will come from the examinable activities such as written and/or oral tests and assignments (group and/or individual), and evaluations undertaken by the student during the study period.

Students must score at least 50% in each course/coursework to qualify to sit for the final examinations. This means a student whose continuous assessment mark is below 50%, fails the course.

• Final Examinations

The final examination counts for 60% of the overall final mark. The final examination comes at the end of the course. Unless prescribed otherwise, the standard examinations will be of three hours duration. Examiners may, in addition to written examination, test any candidate orally.

• Supplementary Examinations

A student who fails a course with an overall mark of 40-49% is eligible to sit for a supplementary examination. 

A student who fails the project with a mark of less than 50% will be allowed one opportunity to re-submit the project three months after the publication of results. A student who fails a course with an overall mark of 39% and below will be required to repeat the same course until the course is passed. A student may not proceed from one level to the next higher level carrying more than 50% of the courses or credits.

1. Teaching Methods/Strategies

The qualification will be delivered using blended learning modalities, including lectures, online tutorials, advanced business simulations, video and audio conferencing technologies. Candidates must have access to a computer and the Internet. The teaching methods adapted for this qualification are student-centred learning methods. Emphasis will be placed upon the need for a student to read extensively in each of the courses. Each student will be mentored to appreciate that one will be expected to be responsible for one’s own learning. The role of the lecturer, therefore, is to stimulate learning and to support and guide that process.

1. Quality Assurance

Commitment is made to ensure that the courses under this qualification remain relevant, current and provide students with a high quality teaching and learning experience. An earnest effort is made to ensure meeting the course quality assurance requirements is a continuous process through incorporating regular monitoring, review, benchmarking, and improvement.  An external evaluator will periodically evaluate the qualification in terms of Course Outline, teaching methods, course resources and assessments. In details quality is assured through:

Quality shall be assessed through:

• Accreditation and registration on the National Qualifications Framework (NQF) by the Namibia Qualifications Authority (NQA) and in concurrency with National Council for Higher Education (NCHE)
• Engagement with relevant stakeholders from the industry
• Benchmarking and regular review of policies, curriculums, delivery strategies and assessments.
• Regular monitoring of lecture activities and staff development.
• Students will be asked to complete evaluation sheets for each course studied
• A dual performance evaluation system where lecturers and students appraise each other.
• Moderation (both internal and external) of continuous assessments and final examinations.

1. Qualification Structure