In 2024 Mentornet piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
Conduct succession planning
Conduct succession planning by answering the following questions:
1. Which strategic objectives will require short-term plans to conduct succession?
2. Develop a succession action plan.
3. Organise and conduct a succession planning process.
4. Develop the monitoring tool to evaluate the succession plan.
1. Which strategic objectives will require short-term plans to conduct succession?
Retaining key personnel and leadership: Ensuring leaders and high performers remain motivated to stay with the organisation.
Filling critical roles: Identifying and developing successors for key positions to maintain operational continuity.
Addressing skills gaps: Developing leaders who align with the strategic objectives and business growth needs.
Ensuring diversity and inclusion: Building a diverse leadership pipeline as a strategic imperative for sustainability and innovation.
2. Develop a succession action plan.
Succession Action Plan
Step 1: Identify Critical Positions: Identify roles essential to operational success, such as department heads and specialised positions.
Step 2: Identify Successors: Use performance reviews, career development discussions, and skill assessments to identify potential successors.
Step 3: Develop Individual Development Plans (IDPs): Align developmental goals with succession requirements by providing training, mentoring, and exposure to leadership roles.
Step 4: Conduct Talent Reviews: Regularly evaluate the readiness of identified successors through progress reviews, simulations, or acting opportunities.
Step 5: Monitor and Adjust: Continuously evaluate the effectiveness of the plan and adapt based on changes in the organisation or workforce dynamics.
3. Organise and Conduct a Succession Planning Process
Step-by-Step Process to Organise and Conduct Succession Planning
Step 1: Define Objectives and Scope
Objective: To ensure continuity in leadership by identifying, developing, and retaining successors for key positions in the organisation.
Scope: Focus on five critical roles, including:
Chief Operations Officer (COO)
Regional Manager
Training and Development Officer
Senior Investigator
Logistics Manager
Step 2: Identify Critical Roles and Requirements: Host a meeting with department heads to identify key positions that require succession planning based on:
• Role impact on organisational success.
• Skills and qualifications needed.
• Potential risk if the position is vacated.
Outcome:
Critical Role Profile for the Chief Operations Officer:
In 2024 we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
Develop RPL systems, practices anddocumentation for a learning organisation offering RPL
RPL procedure. The following is the standard RPL procedure that is mostly used:
After 37 years designing, developing and conducting assessment I am pretty sure that you can beat the multiple-choice questionnaire most of the time. Perhaps that is why some learning practitioners mark multiple tests negatively by subtracting one point for every question that you answered incorrectly. This, of course, goes against the principles of fairness and validity. The most popular multiple-choice tests include questions with four possible answers or dichotomous tests, where you need to answer either “yes or no” or “true or false”.
Even though the ten hints given here will help you to perform better with multiple-choice tests, the best hint remains to study. Studying will make it even easier for you to apply the ten hints.
Always answer the questions for which you know the answer first. That is why it is a good idea to study, even though you have nine more ways in which to identify the most likely answers.
Do not leave any questions unanswered. Guess if you don’t know the answer and cannot apply any of the other hints given here. And appeal if the assessor marks negatively.
If you are sure of the answer to a question, the answer to the next question will likely not be the same option. So, in the next question you will need to consider only three options. Bear in mind that assessors who know the hints might catch you out and put the right answer in the next question in the same place as the previous one.
In dichotomous questions, the answer is probably “no” or “false” if the words “always”, “never”, “just” or “only” appear in the question.
If you don’t know the answer to any of the dichotomous questions, guess “yes” or “true”. Assessors tend to use more “yes” or “true” questions, probably because they are easier to find in the book. For the same reason, if you don’t know any of the answers and if you can’t find any question for which the answer is definitely “no” or “false”, then mark all the questions for which you do not know the answer “yes” or “true”. You will not have all the answers right, but you will have most of the answers right.
Don’t change your answer to a question unless you are 100% certain that your initial answer was wrong. The first answer that comes to your mind is based on intuition, and intuition is often right.
If you don’t know the answer to a multiple-choice question, guess the longest option.
Trust the person who developed the test paper, else you will search for catches in the questions that are seldom there.
Know your assessor. If it is somebody who likes to impress with high fluted words, she or he will probably ask questions with which to show his or her superior knowledge. A pragmatic assessor will probably ask questions with simple and logical answers.
If two or more multiple-choice questions are asked with the same possible answers, you can rule out the one option in the questions following on that one, because it was the correct choice for the previous question.
There you have it. Just keep in mind that your assessor might know all these things and that he or she will then not leave you such hints to use. But then again, the exam wise learners will easily figure out if the assessor left hints or not.
In 2024 we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
Investigate current RPL practice and opportunities in an organisation and various sectors. What would you do to improve the RPL system of your learning organisation or any other learning organisation that you evaluated?
Evaluation checklist for RPL practice.
Criteria: Answer “yes” or “no” to each question.
Is the learning institution committed to establish a clear policy for the recognition, assessment and accreditation of prior learning?
Is there a concrete plan to integrate RPL with other learning services?
Is there a strong commitment to staff development and on-going team building throughout the learning institution?
Are qualified RPL facilitators and assessors available?
Is a manager appointed for the management of the RPL process?
Is there a clear RPL marketing strategy?
Is there a commitment to offer a range of assessment-on-demand services?
Do the RPL policies and plans show an explicit commitment to the principles of equity, redress and inclusion?
Are the RPL policy, planning and management structures in line with relevant legislation, e.g., the Skills Development Act, the Employment Equity Act, etc.?
Is information about RPL services and programmes widely available and actively promoted to prospective candidates?
Are admission procedures and systems user-friendly and inclusive of people with diverse cultural, linguistic and educational backgrounds and indigenous knowledge?
Is equal access to opportunities for advice, support, time and resources ensured for all RPL candidates?
Is access to quality advising and assessment opportunities in the workplace made possible through company policies which ensure that RPL facilitators, assessors and moderators are given enough time, resources and recognition for their services?
Do learning providers and quality assurance bodies promote regional integration and collaboration amongst institutions, professional bodies, workplaces in the provision of RPL to candidates?
Are formal agreements closed between providers, workplaces and quality assurance bodies and do they ensure effective validation, articulation, and recognition of RPL assessment information?
Is there a balanced and simple fee structure and are fees charged for assessment based on the services performed in the RPL process and not on the number of credits awarded?
Is top-up learning available and is the decision to offer top-up learning based on the level and amount of learning still needed for accreditation?
Is a reasonable amount of time provided for portfolio development, and is the time provided based on a standard formula that will apply to all RPL candidates?
Do or did all personnel involved in the assessment of learning receive adequate training for the functions they are to perform, and is provision made for their continued professional development?
Is the nature, level and amount of recognition (number of credits) that can be awarded specified in writing?
Does a fair and democratic appeals procedure exist and are candidates made aware of this?
Does the language policy promote RPL?
Are records retained for each candidate and are credit awards and their transcript/academic record entries monitored to avoid giving credits twice for the same learning?
Are standards maintained?
Are assessment programmes regularly monitored, reviewed, evaluated, and revised as needed to reflect changes in the needs being served and in the state of the RPL assessment processes?
Recommendations for Improving the RPL System
1. Develop and Implement a Clear RPL Policy
Draft a formal RPL policy that outlines procedures, responsibilities, and alignment with national legislation.
Ensure the policy emphasizes equity, redress, and inclusion.
2. Create a Strategic RPL Plan
Integrate RPL with other learning services offered to create seamless articulation pathways.
Regularly review and adjust the plan to reflect organisational needs and changes in national policies.
3. Appoint an RPL Manager
Designate a qualified individual to oversee RPL processes, including marketing, assessment, and quality assurance.
4. Develop a Marketing Strategy
Actively promote RPL services to potential candidates through brochures, presentations, and workshops.
Use digital platforms to provide accessible information.
5. Revise Admission Procedures
Simplify admission procedures to accommodate candidates from diverse cultural, linguistic, and educational backgrounds.
Include guidelines for recognising indigenous knowledge systems.
6. Strengthen Workplace Policies
Work with leadership to allocate time and resources for assessors and facilitators to provide RPL support.
Ensure policies support flexible advising and assessment opportunities.
7. Promote Regional Collaboration
Build partnerships with other learning providers, professional bodies, and external organisations to standardise RPL validation and articulation.
Establish formal agreements for recognising and sharing assessment results.
8. Introduce Top-Up Learning Opportunities
Offer supplementary courses or modules to address gaps identified during the RPL process.
Provide flexible learning formats, such as online courses, to accommodate working professionals.
9. Specify Recognition Criteria in Writing
Clearly document the levels and amounts of recognition (e.g., credits) available for each qualification.
Ensure this information is accessible to candidates during the application process.
10. Establish a Fair Appeals Procedure
Develop an appeals policy that is transparent, fair, and easily understood.
Communicate the procedure clearly to all candidates.
11. Regularly Monitor and Update Standards
Implement a system for periodically reviewing and updating assessment programmes and standards.
Use feedback from candidates and assessors to identify areas for improvement.
12. Expand Access to Information
Provide multilingual materials and workshops to ensure accessibility for all candidates.
Include detailed guides on RPL processes, evidence requirements, and timelines.
13. Enhance Portfolio Development Support
Offer candidates structured workshops, templates, and examples to aid in preparing portfolios.
Provide flexible timelines based on the complexity of evidence required.
This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
What questions will you ask to evaluate the results, impact and effectiveness of RPL?
Results of RPL
1.Achievement of Objectives:
Did the RPL process meet the intended goals and objectives for both the candidate and the institution?
Did the candidate achieve the desired qualification or credits?
2.Evidence Validation:
Was the evidence provided by candidates sufficient, valid, and reliable?
Did the evidence align well with the learning outcomes or competency standards?
3.Completion Rates:
How many candidates successfully completed the RPL process?
What was the ratio of candidates who started RPL versus those who
achieved their objectives?
Impact of RPL
4.Candidate Progression:
Did the RPL process enable candidates to progress to further learning or career opportunities?
How many candidates were admitted to higher education or advanced standing as a result of RPL?
5.Workplace Relevance:
Did the RPL process contribute to improving workplace competencies?
How has the RPL experience impacted the candidates’ performance in their current roles?
6. National Skills Development Goals:
Did the RPL process align with national skills development and transformation objectives?
Has RPL improved access to education for underrepresented or disadvantaged groups?
Effectiveness of RPL
7. Process Efficiency:
Were the timeframes and procedures of the RPL process manageable and efficient?
Were candidates satisfied with the guidance, assessment, and feedback provided?
8.Candidate Experience:
How satisfied were candidates with the RPL process?
Did candidates find the guidance, portfolio development, and assessment clear and supportive?
9.Assessment Quality:
Were the assessors trained and qualified for the process?
Was the assessment process fair, consistent, and transparent?
10.Support Systems:
Was adequate support (e.g., facilitators, materials, and workshops) provided during the RPL process?
Were candidates given sufficient opportunities to address gaps in evidence or learning?
In 2024 we (Mentornet) piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
Reviewing the facilitation of a learning event
Facilitating a learning event requires thorough planning, effective delivery, and robust evaluation mechanisms to ensure its objectives are met. Below is an approach to reviewing the facilitation and developing an evaluation instrument.
Review of the Facilitation
A comprehensive review should assess the following areas:
1. Preparation
Was the learning event well-structured with clear objectives?
Were materials, resources, and technology properly prepared and functional?
Were learners given pre-event information or materials?
2. Delivery
Was the facilitator engaging and clear in his or her communication?
Were the methods (e.g., lecture, group work, hands-on activities) appropriate
for the learning objectives?
Was the event inclusive, encouraging participation from all attendees?
3. Engagement
Did learners actively participate in discussions or activities?
Were diverse learning styles (e.g., visual, auditory, kinaesthetic) addressed?
Was there a balance between facilitator-led and learner-driven activities?
4. Relevance
Did the content align with learners’ needs and goals?
Were real-world applications and examples provided?
5. Feedback
Was there a mechanism for immediate feedback during the event (e.g., Q&A, polls)?
Were learner questions addressed effectively?
6. Outcomes
Did learners achieve the stated objectives of the event?
Did the learners demonstrate understanding or skills during or after the event?
Developing an Evaluation Instrument
The evaluation instrument should collect feedback on the event’s effectiveness and areas for improvement. Below is an example of an evaluation form:
Learning Event Evaluation Form
Section 1: General Information
Name:____________________________
Role/Position:______________________
Date of Event:______________________
Section 2: Event Evaluation Rate the following statements on a scale of 1 (Strongly Disagree) to 5 (Strongly Agree).
1. Preparation
The event was well-organized.
Pre-event communication was clear and sufficient.
1
2
3
4
5
2. Facilitation
The facilitator was knowledgeable and well-prepared.
The facilitator effectively engaged participants.
The facilitator was responsive to questions and feedback.
1
2
3
4
5
3. Content
The event objectives were clear and achievable.
The content was relevant to my learning needs.
The resources and materials were helpful.
1
2
3
4
5
4. Delivery
The format of the event was effective for learning.
Activities and discussions were engaging.
The event accommodated various learning styles.
1
2
3
4
5
5. Overall Experience
I feel more confident about the subject matter after this event.
I would recommend this event to others.
1
2
3
4
5
Section 3: Open-Ended Questions
1. What was the most valuable aspect of the learning event?
This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
Describe the system and practices for a learning organisation offering RPL
1. Pre-entry
• To apply for RPL, the candidate must be over the age of 25. Along with having a minimum of 3 years in the field (this must be relevant to what the candidate wishes to RPL)
• The most vital part of this stage is to let people know exactly what is available and how to go about apply (if the requirements are met)
2. Candidate profiling
• A detailed CV (or other relevant document that outlines the experience of the candidate, that would be relevant to the RPL’ed programme/s.
• This stage includes the candidate developing their profile, based on their experience, and whether they might be successful utilising this route.
3. Initial guidance
• This will be done by the RPL coordinator, with regards to what is applicable evidence, what is outstanding. Aswell as guidance on what the process entails for the candidate.
• As stated by Author J.P. Nel (2010) the coordinator (facilitator) must create realistic expectations: Time saving aspect, flexibility, gathering evidence, support available, workload, procedures and financial implications.
4. Recognising and identifying skills
• Looking at the requirements of the programme to identify which skills the candidate already has with relation to the needs of the programme.
• Focus will be on the learners most relevant experiences and accomplishments. During this stage the facilitator will work closely with the candidate.
5. Relating skills to criteria
• This involves the RPL coordinator checking the identified skills and knowledge of the candidate, and relating it to the criteria stated in the programme design/description.
• This stage will illuminate any gaps in skills, and will be addressed during the top-up learning stage.
6. Gathering evidence
• After relating skills and knowledge to criteria, the candidate and the RPL coordinator will start collecting the evidence of performance (skills/tasks/practical) over the 3-year period of entry requirement experience.
• The facilitator will guide the learner on evidence and the ‘proof’ of said evidence that is required for the candidate to be successful.
7. Documentation of evidence
• All the gathered evidence will be documented in the form of a portfolio, there are many types of documentation of evidence: Self-oriented portfolio, outcome-oriented portfolio etc.
• This portfolio will/might include documents, supervisor letters, pictures, CV’s etc.
8. Assessment
• This stage of assessment includes the assessor making a judgement about the candidate’s portfolio, and whether they have met the requirements for granting credits or certificates.
• The assessor’s judgement will be based on many variables, including Policies and Procedures, quality assurance body (QA body) requirements etc.
9. Top-up learning
• During this stage, gaps that have been previously identified will be addressed and filled.
• This can either be done through means of formal learning or gathering missed evidence of competence against certain criteria.
10. Quality assurance
• During this stage there will be four role players (excluding the candidate), namely: facilitator, assessor, moderator and verifier.
• The role players will work to make sure the RPL assessment/process meets the requirements of the QA-body, the principles of assessment (validity, fairness, reliability etc.) and checking that all the correct and legal routes have been utilised by the learning institute to prove competence.
11. Accreditation
• This will likely be the ‘final’ stage of RPL, as the credits will be granted.
12. Certification
• After accreditation has been awarded, the candidate will be issued with an accredited certificate.
13. Progression and post-assessment guidance.
• The candidate and coordinator can at this stage consider progression routes the candidate has available to them and whether they wish to participate in furthering their qualification/s.
References:
• Nel, J.P., 2010. The concepts and procedures governing the recognition ofprior learning. 1st ed. Pretoria: Mentornet Pty (Ltd), pp.50-96.
• University of South Africa (UNISA), 2023. Recognition of Prior Learning(RPL) for module credit. [online] Recognition-of-Prior-Learning-(RPL)/RPL-for-module-credit [Accessed 8 October 2024].
• South African College of Business (SACOB), n.d. Recognition of PriorLearning (RPL). [online] Available at: https://www.sacob.com/recognitionof- prior-learningrpl/#:~: text=All%20recognition%20of%20prior%20learning%20results [Accessed 8 October 2024].
• South African Qualifications Authority (SAQA), 2019. National Policyand Criteria for the Implementation of Recognition of Prior Learning(Amended in March 2019). [pdf] Criteria-for-the-Implementation-of-RPL-Amended-in-March- 019.pdf#:~:text=%E2%80%9CRPL%20candidate%E2%80%9D%20mean s%20the%20person%20seeking [Accessed 8 October 2024].
• University of Johannesburg. (n.d.) Recognition of Prior Learning. Available at: https://www.uj.ac.za/admission-aid/recognition-of-priorlearning/ [Accessed: 9 October 2024].
This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website. Articles are published unanimously for obvious reasons.
Examining the recruitment and selection strategy of the organisation where you are employed
Improving the recruitment and selection strategy in an organisation can lead to better hiring outcomes, higher employee retention and a more engaged workforce. Here are five (5) key ways to enhance these processes:
LEVERAGE DATA AND ANALYTICS FOR PREDICTIVE HIRING
What to Improve – Many organisations rely on traditional, subjective methods for recruitment. By integrating data and analytics, you can make evidence-based decisions and predict candidate success more accurately.
How to Implement – Use predictive analytics tools to assess resumes, test for skills and identify patterns that indicate high-performance traits. These tools can analyse past hiring data, employee performance and attrition rates to help identify what types of candidates are likely to succeed in specific roles.
Impact – Reducing biases in selection, improving the match between candidates and job requirements and enhancing long-term retention through more informed hiring decisions.
ENHANCE EMPLOYER BRANDING AND CANDIDATE EXPERIENCE
What to Improve – In today’s competitive job market, candidates assess the organisation as much as the organisation evaluates them. A poor employer brand or a negative candidate experience can deter top talent.
How to Implement – Strengthen your employer branding by promoting a positive, authentic image of your workplace culture through social media, careers pages and job postings. Focus on providing a seamless candidate experience by ensuring clear communication, offering timely feedback and simplifying the application process (e.g. mobile-friendly application forms, transparent timelines).
Impact – Attracting top-tier candidates, improving acceptance rates and enhancing your reputation in the job market.
ADOPT STRUCTURED INTERVIEW PROCESSES
What to Improve – Unstructured interviews often lead to inconsistent evaluations and biases, which can negatively impact the quality of hires.
How to Implement – Use structured interviews with standardised questions tailored to the job’s competencies and requirements. Develop scoring rubrics to objectively assess each candidate based on their responses. Incorporate a mix of behavioural, situational and technical questions to evaluate soft skills, problem-solving abilities and job-related expertise.
Impact – Ensures fairness, reduces bias, and improves the reliability and accuracy of the candidate selection process, leading to better-quality hires.
UTILISE EMPLOYEE REFERRALS AND INTERNAL TALENT POOLS
What to Improve – Relying solely on external hiring can be time-consuming and extremely costly. Employee referrals and internal talent pools are often underutilised.
How to Implement – Create an incentivised employee referral program that encourages current employees to recommend qualified candidates. Additionally, regularly assess and promote internal talent pools by identifying high-performing employees who are ready for advancement or lateral moves within the organisation.
Impact – Increases the speed of hiring, reduces recruitment costs and boosts employee morale by offering career progression opportunities to current staff.
INCORPORATE AI AND AUTOMATION IN THE RECRUITMENT PROCESS
What to Improve – Recruitment processes can be slow, with manual screening of resumes, scheduling interviews and candidate follow-ups taking up significant resources.
How to Implement – Use AI-driven tools to automate repetitive tasks such as initial resume screening, scheduling interviews and sending automated updates to candidates. AI can also help identify keywords in resumes that match job descriptions, ensuring faster and more accurate shortlisting of candidates.
Impact: Streamlines the recruitment process, reduces the time-to-hire and allows HR teams to focus on more strategic tasks, such as engaging with top candidates and improving recruitment strategies.
Checklist for the analysis of a recruitment and selection strategy
Criteria
Yes/No
Remarks
1
Are the tertiary qualifications of the applicants checked for relevance and authenticity?
Yes
Verifying the relevance and authenticity of tertiary qualifications is a critical part of the recruitment and selection process for the organisation. By conducting thorough checks, the employer can ensure that candidates possess the educational background necessary for the position and maintain the integrity of their hiring practices. This process helps protect the organisation from potential risks associated with hiring unqualified individuals and contributes to building a competent and capable workforce.
2
Is the relevant work experience of applicant tested?
Yes
Testing relevant work experience helps the employer ensure that candidates not only have the necessary background but also the ability to apply their experience in a way that will drive success in the role. By using interviews, assessments, work simulations and reference checks, the employer can effectively evaluate how well an applicant’s experience aligns with job requirements and overall organisational needs.
3
Are the leadership qualities of the applicants tested?
Yes
The organisation uses a combination of interviews, assessments and reference checks to rigorously test the leadership qualities of candidates. These evaluations help the employer identify whether a candidate possesses key leadership traits such as strategic thinking, emotional intelligence, team management and the ability to inspire and motivate others. By thoroughly assessing these qualities, the organisation can ensure they hire leaders who will effectively guide teams and drive organisational success.
4
Are the emotional qualities of the applicants tested?
Yes
Emotional qualities like emotional intelligence, empathy, resilience and the ability to manage stress are critical to success in many roles, especially those involving leadership, teamwork or customer interaction. The employer will test these qualities through a combination of behavioural interviews and assessments to ensure candidates are emotionally equipped to handle the demands of the job and foster positive working relationships.
5
Is the ability of applicants to work as members of a team tested?
Yes
An applicant’s ability to work as part of a team is thoroughly tested through various methods, including behavioural interviews, group exercises, work simulations and reference checks. The employer will look for candidates who can collaborate effectively, communicate clearly, resolve conflicts and contribute positively to a team environment. By using these assessment tools, the organisation ensures that they hire individuals who can thrive in team-oriented roles and contribute to the success of the group.
6
Are the ethical values of the applicants confirmed?
Yes
Ethical values are often rigorously tested during the hiring process through interviews, assessments, simulations, reference checks and background screenings. These evaluations help the organisation to ensure that they are bringing in individuals who uphold high standards of integrity, transparency, fairness, aligning with both organisational values and broader ethical expectations. By confirming ethical behaviour before hiring, the organisation protects their reputation, maintain a positive culture and avoid potential legal or ethical issues down the line.
7
Is the cultural tolerance of applicants confirmed?
Yes
Cultural tolerance is increasingly recognised as a vital attribute in today’s diverse workplace. The employer assesses these qualities through various methods, including behavioural interviews, assessments and reference checks. By confirming cultural tolerance during the recruitment process, the organisation can ensure they hire candidates who will contribute positively to a diverse and inclusive work environment, ultimately enhancing teamwork, collaboration and organisational culture.
8
Is it confirmed that the applicant does not discriminate against other people of any race, gender, religion, etc?
Confirming that an applicant does not discriminate against others based on race, gender, religion or any other protected characteristics is an essential part of the recruitment process of the organisation. By employing various methods, including behavioural interviews and assessments about diversity values, the employer can evaluate candidates’ commitment to fostering an inclusive and respectful work environment. This process not only helps build a diverse workforce but also enhances the overall organisational culture.
9
Is the applicant’s discipline tested in terms of time and conflict management ability, diligence and motivation to work and progress in the organisation?
Yes
Assessing an applicant’s discipline regarding time and conflict management abilities, diligence and motivation to work and progress within the organisation is a critical aspect of the recruitment process. By employing various methods such as judgment tests, work samples, and reference checks, the employer can gain valuable insights into candidates’ readiness for the role and their potential for growth within the organisation. This comprehensive approach helps ensure that the selected candidates align with the organisation’s values and objectives, ultimately contributing to a positive work environment.
10
Are the applicants oral and written communication skills tested?
Yes
Testing applicants’ oral and written communication skills is a crucial aspect of the recruitment process. By employing various methods, such as writing assessments, presentations and group discussions, the employer can gain valuable insights into candidates’ ability to communicate effectively in different contexts. This comprehensive assessment helps ensure that selected candidates possess the necessary communication skills to succeed in their roles and contribute positively to the organisation.
11
Is the applicant’s ability to think and act visionary tested?
Yes
Testing an applicant’s ability to think and act with a visionary mind-set is a crucial component of the recruitment process for the organisation, especially for roles that involve leadership, strategic planning or innovation. By employing various methods such as situational judgment tests and group discussions, the employer can gain valuable insights into candidates’ visionary thinking abilities. This assessment helps ensure that selected candidates have the potential to contribute strategically to the organisation and inspire others toward a common vision.
12
Are the applicant’s cognitive abilities tested?
Yes
Testing applicants’ cognitive abilities is a common and essential aspect of the recruitment process for the organisation. By employing various methods such as cognitive ability tests, situational judgment tests, work sample tests and analytical reasoning assessments, the employer can gain valuable insights into candidates’ mental capabilities and potential job performance. This comprehensive assessment helps ensure that selected candidates possess the necessary cognitive skills to succeed in their roles and contribute effectively to the organisation.
13
Is the applicant’s computer literacy tested?
Yes
Testing an applicant’s computer literacy is an important aspect of the recruitment process, especially in today’s technology-driven work environment. By employing various methods such as technical assessments, practical exercises and online skill tests, the employer can gain valuable insights into candidates’ proficiency with technology and their ability to perform job-related tasks effectively. This comprehensive assessment helps ensure that selected candidates possess the necessary computer skills to succeed in their roles and contribute positively to the organisation.
14
Does the recruitment and selection strategy indicate the gaps in the applicant’s profile for the job for which the applicant applied?
Yes
An effective recruitment and selection strategy is designed to identify and address gaps in applicants’ profiles relative to the job requirements. By utilising structured assessments, behavioural interviews, reference checks and benchmarking against successful profiles, the organisation can ensure that they select candidates who not only meet the qualifications for the position but also align with the organisation’s overall goals and culture. Identifying these gaps not only aids in the selection process but also informs future talent development initiatives, enhancing overall organisational effectiveness.
15
Can the recruitment and selection strategy show if an applicant is well-suited for a position for which he/she did not apply?
Yes
A thoughtful recruitment and selection strategy not only identifies candidates for specific positions but can also reveal their potential suitability for other roles within the organisation. By utilising comprehensive assessments, engaging in thorough discussions and leveraging technology, the organisation can better understand applicants’ skills, experiences and aspirations. This approach enhances talent management and fosters a more agile workforce, ultimately benefiting both the organisation and its employees.
This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website.
We have the written permission of the learners to publish their work. However, it had to be done anonymously.
Approaching relevant stakeholders to find out which marketing parameters you should use
When approaching relevant stakeholders to identify the most effective marketing parameters for learning and development (L&D), it is important to engage with various internal and external parties who influence or are affected by the L&D programmes. These stakeholders include senior leadership, HR, L&D teams, marketing teams, employees (learners) and external partners.
SENIOR LEADERSHIP
Key Question: What are the strategic goals of the organisation that L&D should align with?
Alignment with Business Strategies: L&D programmes should focus on the skills that are most relevant to the organisation’s future goals. These may include leadership development, digital transformation or innovation.
Return on Investment (ROI): Leadership may emphasise the importance of marketing L&D programmes in a way that showcases the value they bring in terms of productivity, engagement and/or profitability. This means focusing marketing efforts on measurable outcomes.
Targeting Key Talents: Identify high-potential employees and future leaders and develop targeted marketing campaigns to encourage their participation in L&D programmes that enhance key leadership and technical skills.
HR AND TALENT MANAGEMENT TEAMS
Key Question: How can we align L&D marketing with recruitment, retention and career development goals?
Employee Growth and Retention: Market L&D programmes as a crucial part of the company’s career development and talent retention strategies. Show how participating in these programmes leads to promotions, new roles, or enhanced skills.
Tailored Communication: Use personalised marketing tactics to highlight programmes that fit the specific career paths of employees. This could involve segmenting employees by their career level (e.g. entry-level, mid-career, leadership) and targeting them with relevant courses.
Diversity and Inclusion Focus: HR may advise marketing to emphasise inclusivity, ensuring that L&D initiatives cater to employees from diverse backgrounds, supporting diversity and inclusion goals.
L&D TEAM
Key Question: How do we market L&D programmes to maximise engagement and learning outcomes?
Highlight the Learning Experience: Use marketing to promote not just the content, but also the experience. Focus on interactivity, collaboration and how the programme’s delivery (e.g. workshops, online courses, blended learning) enhances engagement.
Use Success Stories: Showcase testimonials and case studies from employees who have benefited from the programmes. Real-life success stories can make marketing messages more relatable and compelling.
Regular Updates and Reminders: Create campaigns that provide on-going engagement with learners, such as regular email updates, social media content and internal newsletters that keep them informed about upcoming programs and new learning opportunities.
MARKETING TEAM
Key Question: What channels and messaging strategies will best engage employees and stakeholders in L&D programmes?
Omni-channel Approach: Use a variety of communication platforms such as email, intranet, social media (internal and external) and mobile notifications to reach employees. Different employees engage through different channels, so a multi-channel approach increases visibility.
Branding and Messaging: Marketing teams might advise developing a strong brand identity for L&D programmes that align with the company’s overall brand. Consistent, engaging, and visually appealing branding can increase participation.
Data-Driven Marketing: Use analytics and employee data to understand what kinds of content resonate most with different employee groups. Segment audiences based on factors like department, career stage, previous participation in training programmes and tailor messaging accordingly.
EMPLOYEES (LEARNERS)
Key Question: What motivates employees to participate in L&D programmes?
Personal Relevance: Employees want to know how the L&D programmes will benefit them directly in their current role or future career. Marketing should focus on how the programme will solve specific problems or help them achieve personal and professional goals.
Convenience and Flexibility: Busy employees often value learning programmes that are flexible and convenient. Highlight flexible scheduling, self-paced learning options or on-demand content in marketing materials.
Engagement and Recognition: Employees may suggest that recognising participants or offering incentives (e.g. certifications, badges and promotions) be incorporated into marketing. Rewards for completion can increase motivation and buy-in.
Key Question: How can external partners help in marketing and delivering L&D programs?
Leverage Expertise and Reputation: External training providers may advise using their brand and reputation as a selling point to market the L&D programmes. Featuring expert trainers or industry-recognised certifications in the marketing materials can enhance credibility.
Joint Marketing Initiatives: External partners may collaborate on marketing campaigns by providing co-branded content, promotional materials and events (e.g. webinars, workshops) that showcase the quality and expertise they bring to the programme.
Tailored Content for Specific Needs: Providers may offer insights on which programmes to market more aggressively, such as those that align with industry trends (e.g. digital skills, AI, leadership development) and help the organisation stay competitive.
LEARNING AND TECHNOLOGY PROVIDERS
Key Question: What role does technology play in marketing L&D, and how can we use it to our advantage?
Leverage Learning Platforms: Use the learning management system (LMS) or other digital platforms to track learner engagement, progress and feedback. This data can be used to tailor marketing and follow-up campaigns.
Mobile-Friendly Content: Highlight the availability of mobile-friendly learning options, which is critical for busy professionals or those working remotely. Promoting easy access to learning on-the-go can increase participation.
Gamification (the application of typical elements of game playing): Promote features like gamification (badges, leaderboards, competitions) that create an engaging and fun learning experience. Gamification can be used in marketing to draw attention to the interactive elements of the programme.
FEEDBACK FROM PREVIOUS L&D CAMPAIGNS
Advice from Previous Campaign Analysis:
What Worked and What Did not
Analyse previous marketing efforts for L&D programmes to understand which strategies successfully attracted learners. This may include examining click-through rates, attendance rates, survey responses and feedback from past participants.
Iterate and Improve
Use data from these analyses to refine your marketing approach, focusing on the channels and messages that resonated most with the target audience.
KEY MARKETING PARAMETERS BASED ON STAKEHOLDER ADVICE
Target Audience Segmentation: Market different programmes to different employee groups based on career level, department and personal learning goals. Tailor content and messaging accordingly.
Value Proposition: Clearly communicate the benefits of the L&D programmes for career advancement, skills development and personal growth.
Channels and Platforms: Use a mix of internal communications (email, intranet), social media and mobile platforms to promote L&D programmes.
Personalisation: Customise messages based on employees’ past engagement, learning preferences and career aspirations.
Branding and Design: Ensure that the L&D programme has strong visual branding and aligns with the company’s overall identity to make the marketing materials professional and engaging.
Incentives and Recognition: Use rewards like certifications, career advancement opportunities and public recognition to motivate participation.
Metrics and Feedback Loops: Monitor engagement metrics such as enrolment numbers, attendance rates and completion rates. Use this data to continuously improve marketing efforts.
By incorporating the advice from these stakeholders, you can create a well-rounded marketing approach that effectively engages learners and aligns with organisational goals.
This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website.
We have the written permission of the learners to publish their work. However, it had to be done anonymously.
Analysing a sample Service Level Agreement (SLA)
Learners had to analyse the Service Level Agreement below.
SERVICE LEVEL AGREEMENT BETWEEN CROP CULTIVATION COOPERATIVE AND HAPPY CORN PRIVATE COLLEGE (PTY) LTD
INTRODUCTION
1.1 The CROP CULTIVATION COOPERATIVE allocated funding to Happy Corn Private College (Pty) ltd to develop the learning Material for the Occupational Certificate: Crop Spraying.
1.2 Happy Corn Private College (Pty) Ltd received from CROP CULTIVATION COOPERATIVE and accepted a letter of Award to develop learning materials against the QCTO registered Occupational Certificate: Crop Spraying.
1.3 CROP CULTIVATION COOPERATIVE and Happy Corn Private College (Pty) Ltd record the terms and conditions of their agreement as set out herein.
2 DEFINITIONS AND INTERPRETATION
2.1 In this Agreement, unless otherwise specified or the context clearly indicates the contrary, the following words and expressions shall have the meanings assigned to them below and related words and expressions shall have corresponding meanings;
2.2 “Agreement” means this Agreement with all its schedules and annexures, each of which is an Integral part of this Agreement and shall be interpreted and construed accordingly;
2.3 “Parties” means the CROP CULTIVATION COOPERATIVE and the Service Provider;
2.4 “Service Provider” means the Happy Corn Private College (Pty) Ltd;
2.5 If any provision in the definition clause is a substantive provision conferring rights or imposing obligations on a Party, then notwithstanding that such provision is contained in this clause, effect must be given thereto as if such provision were a substantive provision in the body of the Agreement.
2.6 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation.
2.7 Unless the context dearly indicates a contrary intention, any word connoting:
2.7.1 any gender denotes the other genders;
2.7.2 the singular Includes the plural and vice versa; and
2.7.3 natural persons includes legal entities and vice versa.
2.8 A business day is any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa.
2.11 When any number of days is prescribed such number shall exclude the first day and include the last day unless such day falls on a Saturday, Sunday or a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding business day.
2.12 The Annexures and Schedules to this Agreement form an integral part hereof and the words and expressions defined in this Agreement shall bear, unless the context otherwise requires, the same meaning in the Annexures and Schedules.
2.13 In the event of a conflict between this Agreement and the terms of any schedules or annexures which may be attached to this Agreement (exclusive of addenda drafted, signed and agreed to by both Parties with the specific aim to change and supersede a provision I the provisions of this Agreement), the terms of this Agreement will take precedence.
2.14 The rules of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply.
2.15 The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
3 PARTIES
The parties to this Agreement are:
3.1 CROP CULTIVATION COOPERATIVE, an Article 21 organisation with the purpose of assisting people in rural areas to learn how to farm, and duly represented herein by Ms Priscilla Duwe in her capacity as Chief Executive Officer; and
3.2 Happy Corn Private College (Pty) Ltd, which is a privately registered company and duly represented herein by Dr Abel Patrick Baloi in his capacity as the Managing Director.
4 DURATION OF THE AGREEMENT
4.1 Notwithstanding the signature date, this Agreement commences on 24 February 2023 (“commencement date”) and terminates on 30 September 2023 (“termination date”) unless terminated in terms of clause 14 below.
4.2 The Parties agree that time is of the essence in the execution of Agreement and the Parties will take all necessary steps to ensure that they meet their respective obligations.
4.3 The Parties may agree, in writing. to extend this Agreement for such further period and on such terms and conditions to be agreed to by the Parties at the time. The Service Provider must provide the CROP CULTIVATION COOPERATIVE with written reasons for requesting an extension of time to perform its obligations in terms of this Agreement.
4.4 In the event that the CROP CULTIVATION COOPERATIVE, on consideration of the reasons provided by the Service Provider, agrees to extend the duration of the Agreement, the Service Provider will, in addition to its obligations in terms of this Agreement, be liable to pay any additional costs that it incurs during the extended period to perform it obligations in terms of the Agreement.
5. SERVICES
5.1 The Service Provider will develop learning materials aligned to the QCTO registered occupational qualification listed below:
TITLE OF QUALIFICATION SAQA ID No
Occupational Certificate: Crop Spraying 67890
5.2 The Service Provider will develop the occupational qualification for the amount of R500,000.00 (Incl.VAT).
5.3 The Service Provider will perform the Services as more fully set out in Schedule 1.
6 OBLIGATIONS OF THE SERVICE PROVIDER
6.1 The Service Provider will:
6.1.1 provide the Services and perform its functions and obligations as contemplated in this Agreement;
6.1.2 timeously perform all Services, functions and obligations in terms of this Agreement;
6.1.3 prepare and furnish the CROP CULTIVATION COOPERATIVE with all documents, reports and information, from time to time, as required or as may be set out in this Agreement;
6.1.4 at all times observe and comply with the reasonable direction or instruction from the CROP CULTIVATION COOPERATIVE.
6.2 The Service Provider will submit a detailed Implementation Plan to the CROP CULTIVATION COOPERATIVE which includes a detailed learning materials development plan with specific learning material guides, payment dates and submission date to CROP CULTIVATION COOPERATIVE of the final learning materials. The Service Provider may update and amend the Implementation Plan having regard to the circumstances at the time, provided that:
6.2.1 the Service Provider informs the CROP CULTIVATION COOPERATIVE in writing of any change that it intends to make to the Implementation Plan and may only implement any change upon receipt of written authorisation from the CROP CULTIVATION COOPERATIVE;
6.2.2 any change or amendment to the Implementation Plan will not in any way alter the occupational qualification as stipulated in clause 5.1 above, which the Service Provider has been contracted to develop in terms of this Agreement; and
6.2.3 any change or amendment to the Implementation Plan will not compromise the quality of the Services rendered by the Service Provider in terms of this Agreement.
6.3 The Service Provider undertakes to:
6.3.1faithfully carry out its duties in terms of this Agreement in accordance with the best professional practices;
6.3.2 perform all duties, functions and acts as required by the Agreement in accordance with the highest standards of professionalism, competence and integrity;
6.3.3 at all times comply with all industry-related best practices, codes and standards as issued or published by a recognised governing body, council or similar organisation;
6.3.4 respect all laws and regulations, and in particular the laws governing the provision of the services rendered in terms of this Agreement;
6.3.5 maintain and comply with all necessary licences, certificates, registrations, authorisations and consents required under the laws of the Republic of South Africa for the rendering of the Services;
6.3.6 provide the CROP CULTIVATION COOPERATIVE with any information, documents and/or reports it requests in connection with this Agreement; and
6.3.7 keep suitable and accurate records and ensure safe keeping of all such records relating to the Agreement.
6.4 The Service Provider warrants that it has the necessary financial, physical and the human resources, capacity and the experience and expertise required to provide the Services to the CROP CULTIVATION COOPERATIVE in terms of this Agreement
7. OBLIGATIONS OF THE CROP CULTIVATION COOPERATIVE
7.1 The CROP CULTIVATION COOPERATIVE will:
7.1.1 pay all amounts due and payable to the Service Provider as provided for in this agreement;
7.1.2 timeously provide all documents and information required in terms of this Agreement to the Service Provider, including templates for reporting; and
7.1.3 faithfully carry out its duties in terms of this Agreement in accordance with best professional practices.
8 PAYMENT FOR SERVICES
8.1 The CROP CULTIVATION COOPERATIVE shall pay to the Service Provider the amount of Five hundred thousand Rand only (R500 000.00) VAT Inclusive, provided that the Service Provider has successfully performed Its obligations in terms of this Agreement and achieved the deliverables, as more fully set out in Schedule 1and Schedule 2 to this Agreement.
8.2 The Service Provider shall invoice the CROP CULTIVATION COOPERATIVE when payment falls due in terms of the Agreement and shall, together with a valid tax invoice detailing the specific services provided, furnish any other supporting documents for the services for which payment is requested.
8.3 The CROP CULTIVATION COOPERATIVE will pay the Service Provider within 30 (thirty) days upon acceptance by the CROP CULTIVATION COOPERATIVE of the deliverables and the reports, documents and information contemplated in this Agreement.
8.4 The CROP CULTIVATION COOPERATIVE shall make payment to the Service Provider in terms of this Agreement into the following account:
Name of account holder HAPPY CORN PRIVATE COLLEGE (Pty) Ltd
Bank STANDARD BANK
Branch name BENONI
Branch code 654321
Account type BUSINESS CHEQUE
Account number 111 222 333 444
8.5 The CROP CULTIVATION COOPERATIVE may deduct from the fees payable, all deductions which the CROP CULTIVATION COOPERATIVE is lawfully obliged to make before payment is made to the Service Provider. All payments are made by the CROP CULTIVATION COOPERATIVE on the basis that fees charged by the Service Provider include all of the Service Provider’s costs and profits, as well as any tax or income obligation that may be imposed on the Service Provider.
8.6 Payment by the CROP CULTIVATION COOPERATIVE to the Service Provider shall be without prejudice to any claims or rights that the CROP CULTIVATION COOPERATIVE may have and shall not constitute any admission by the CROP CULTIVATION COOPERATIVE as to the performance of the obligations by the Service Provider in terms of this Agreement.
8.7 Failure by the Service Provider to comply with the provisions of this clause (8.6) will entitle the CROP CULTIVATION COOPERATIVE to –
8.8.1 withhold any payment due to the Service Provider, until such time that the Service Provider has complied; and/or
8.8.2 cancel this Agreement.
9 REPORTING AND PERFORMANCE REVIEW
9.1 The Service Provider shall provide such reports, information and documents in the format required, reasonably required and necessary for the CROP CULTIVATION COOPERATIVE to assess the Service Provider’s performance and ensure compliance with the terms and conditions of the Agreement.
9.2 The CROP CULTIVATION COOPERATIVE shall monitor and review the services, activities and functions of the Service Provider to ensure compliance with the terms and conditions of the Agreement.
9.3 The Service Provider must co-operate with any monitoring and review process and provide the CROP CULTIVATION COOPERATIVE with all accounts, records and documents and information reasonably required to enable the CROP CULTIVATION COOPERATIVE to monitor and review the Service Provider’s compliance with this Agreement.
9.4 The CROP CULTIVATION COOPERATIVE is entitled at any stage, to contact beneficiaries of the Services performed by the Service Provider In terms of this Agreement regarding the services provided and to receive independent feedback about the services provided by the Service Provider.
9.5 The CROP CULTIVATION COOPERATIVE will provide the Service Provider with a report on any issues of concern that it Identifies during a monitoring and review process.
The Service Provider must, within thirty (30) days of receiving the report, address, correct and resolve the issues identified by the CROP CULTIVATION COOPERATIVE and inform the CROP CULTIVATION COOPERATIVE in writing of the action taken by the Service Provider in this regard. Should the Service Provider fail to address, correct and resolve the issues identified and report to the CROP CULTIVATION COOPERATIVE, the dispute resolution procedures in clause 15 of this Agreement shall apply.
9.6 In the event that the Service Provider is no longer able to perform its obligations in terms of this Agreement, for any reason howsoever arising:
9.6.1 the CROP CULTIVATION COOPERATIVE will, at its discretion, conduct a review and assessment of the services already rendered by the Service Provider until the point that the Service Provider is unable to perform its obligations In terms of this Agreement, to enable the CROP CULTIVATION COOPERATIVE to appoint another service provider take over and perform the obligations In terms of this Agreement; and
9.6.2. the cost for the review and assessment contemplated in clause 9.6.1will be for the Service Provider’s account.
10 CONFIDENTIALITY
10.1 For the purposes of this Agreement, “confidential information” includes any information or knowledge acquired by a Party during or incidental to providing the services in terms of this Agreement, whether such information originates from that Party or from other persons.
10.2 Each Party shall hold the other’s confidential information in confidence and, unless required by law, not make the other’s confidential information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
10.3 Each Party shall take all reasonable steps to ensure that the other Party’s confidential information to which it has access is not disclosed or distributed by the other Party, its employees or agents in violation of the terms of this Agreement.
10.4 A Party’s confidential information shall not be deemed to include information that:
10.4.1 is or becomes publicly known other than through any act or omission of the receiving Party;
10.4.2 was in the other Party’s lawful possession before the disclosure;
10.4.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
10.4.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; or
10.4.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
10.5 If there is any doubt whether any disclosure or use is for an authorised purpose, the Service Provider must obtain a ruling in writing from the CROP CULTIVATION COOPERATIVE and must abide by it.
10.6 The obligation not to disclose or use confidential information contemplated herein will survive the termination of this Agreement.
11. COPYRIGHT, BRANDING, MARKETING, ADVERTISING AND PUBLICATIONS
The Service Provider:
11.1 warrants that the materials that are created in terms of this Agreement and the services that are provided in terms of this Agreement will not constitute an infringement of any copyright;
11.2 must procure from all contractors used by it in terms of this Agreement, an assignment to the CROP CULTIVATION COOPERATIVE of copyright and other rights in materials created by those contractors;
11.3 may not use the name, logo or letterhead or any other material of the CROP CULTIVATION COOPERATIVE for any purpose without the prior written consent of the CROP CULTIVATION COOPERATIVE;
11.4 may not use the CROP CULTIVATION COOPERATIVE’s name, logo or any letterhead or other material on its website, in any publications, or in connection with its advertising, or in connection with any book or other publication, product or service (including the internet or other online computer communication services relating to the Service Provider);
11.5 may not use the phrase “as endorsed by the CROP CULTIVATION COOPERATIVE”, or similar phrase in any promotional or advertising material, inclusive of its publication on the Service Provider’s website.
12 PROPERTY OF CROP CULTIVATION COOPERATIVE
12.1 Upon the termination of this Agreement for any reason, the Service Provider must immediately return to the CROP CULTIVATION COOPERATIVE all property whatsoever which belongs to the CROP CULTIVATION COOPERATIVE.
12.2 In addition, the Service Provider must return to the CROP CULTIVATION COOPERATIVE all other material containing information relating to the affairs of the CROP CULTIVATION COOPERATIVE, regardless of whether or not such material was originally supplied by the CROP CULTIVATION COOPERATIVE, including, but not limited to, records, discs, accounts, letters, notes or memoranda.
13. INDEMNITY
13.1 The Parties, their employees, agents or subcontractors, or any person acting for or on their behalf shall exercise due care and diligence in performing their obligations in terms of this Agreement. A Party that has failed to exercise such due care and diligence shall be liable to the other Party for loss or damages caused to and sustained by the other Party due the willful or negligent actions or omissions of the Party concerned, including their employees, agents or subcontractors, provided that neither Party will be liable to the other Party, a cessionary or a third party claiming through or on behalf of such Party, for any indirect, special or consequential damages arising out of or related to this Agreement.
13.2 The Service Provider indemnifies and holds harmless the CROP CULTIVATION COOPERATIVE, its officers, employees and agents from and against any damages, loss, or liability, including legal costs and expenses incurred or suffered by any person arising from any claim, demand, action or proceeding by any person where such loss or liability was caused by a willful, unlawful or negligent act or omission of the Service Provider, its employees, agents or subcontractors or any person acting for or on behalf of the Service Provider.
13.3 The Parties shall ensure that its employees, agents or subcontractors or any person acting for or on their behalf are aware of and have accepted, the terms of this Agreement to the extent that they apply to them.
13.4 This clause shall survive termination of the Agreement and continue to bind the Parties.
14 TERMINATION AND BREACH
14.1 Notwithstanding the provisions of clause 4 above, either Party may terminate this Agreement, by giving the other Party 30 (thirty) days’ notice in writing of its decision to terminate the Agreement.
14.2 Upon termination the Parties will take appropriate and immediate steps to bring the Agreement to a close, in a prompt, judicious and orderly manner and such termination shall be without prejudice to any claim which a Party may have for damages occasioned by the termination of this Agreement.
14.3 If either has committed a breach, then without prejudice to any rights it may have in law, the other Party will furnish the Party committing such breach with a written notice, served on the offending Party’s chosen domicilium address, setting out the breach committed and calling upon the offending Party to rectify and remedy such breach within 14 (fourteen) calendar days.
14.4 If the Defaulting Party fails to remedy the breach, the other Party may, without prejudice to its right to claim damages:
14.4.1 cancel this Agreement without further notice to the Defaulting Party; or
14.4.2 claim specific performance of all the Service Provider’s obligations, whether or not the obligations have fallen due for performance.
14.5 In the event of a breach of this Agreement, the CROP CULTIVATION COOPERATIVE is entitled to withhold, in whole or in part, any payment of amounts payable to the Service Provider in terms of this Agreement.
14.6 If this Agreement is cancelled, the Service Provider shall immediately cease the execution of any services contemplated in this Agreement. The CROP CULTIVATION COOPERATIVE shall cause a final account to be prepared of payment due to the Service Provider in which shall be taken into consideration the costs and/or loss to the CROP CULTIVATION COOPERATIVE from the cancellation of this Agreement and shall affect payment due accordingly.
15 DISPUTE RESOLUTION
15.1 Any dispute, which arises between the Parties pursuant to the agreement, shall be referred to a representative nominated by each Party. The representatives of each Party shall endeavour to resolve the dispute within ten business days of the giving of notice of a dispute by a Party.
15.2 Should the Parties be unable to resolve the dispute, either Party may refer the dispute for arbitration by written notice to the other Party setting out the particulars of the dispute.
15.3 A dispute referred to arbitration shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa (“AFSA”).
15.4 The arbitration will be held in English in Johannesburg (or at such a place as the Parties may agree upon in writing) according to the formalities and procedures settled by the arbitrator or arbitrators. It may be held in an informal and summary manner, without the procedure, formalities or rules of evidence, which would be applicable to a civil suit in a court of law.
15.5 The Service Provider agrees to continue providing the Services pending the outcome of arbitration.
15.6 Nothing in this clause will preclude either Party from obtaining interim relief from a court of competent jurisdiction pending the decision of the arbitrator or arbitrators.
15.7 This clause shall survive termination of this Agreement and continue to bind the Parties.
16 INDEPENDENCE, AGENCY AND REPRESENTATION
16.1 The Parties to this Agreement are independent contractors and this Agreement shall not be construed to create a partnership, joint venture or employment relationship between them.
16.2 Unless authorised in writing to do so, neither Party shall hold itself out to be the agent or representative of the other and may not bind each other in any way.
16.3 The Service Provider shall not assume or incur any obligations or responsibility for, or on behalf of, or in the name of, the CROP CULTIVATION COOPERATIVE.
16.4 An y representation to this effect by the Service Provider will constitute a material breach of this Agreement.
17 NO SUB-CONTRACTING
17.1 The Service Provider will not, without the prior written approval of the CROP CULTIVATION COOPERATIVE, appoint any sub-contractor to render the services, or any part thereof, in terms of this Agreement.
17.2 Despite any approval granted by the CROP CULTIVATION COOPERATIVE in terms of this clause, the Service Provider remains solely responsible for the performance of its obligations in terms of this Agreement.
18 REPRESENTATIONS
18.1 This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, supersedes all prior representations, agreements, statements and understandings whether oral or in writing and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.
18.2 No agreements, guarantees or representations, whether verbal or in writing, have been concluded, issued, or made upon which either Party is relying In concluding this Agreement, unless the representation or guarantee is recorded in this Agreement.
18.3 The Service Provider confirms that it has not been induced to enter into this Agreement by any prior representations, warranties or guarantees, whether oral or in writing, except as expressly contained in this Agreement.
19 VARIATIONS, RELAXATION AND WAIVER
19.1 No agreement varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the Parties.
19.2 Should a Party fail to enforce any provision of this Agreement, extend time for compliance therewith or relax the manner for compliance of any provision of this Agreement this shall not:
9.2.1 constitute a waiver of such provision;
19.2.2 preclude the Party from exercising its rights strictly in accordance with this Agreement; and
19.2.3 affect, in any manner, such Party’s right to require performance of such provision at any time in the future.
19.3 No waiver of a subsequent breach nullifies the effectiveness of the provision itself.
20 SEVERABILITY
20.1 If any provision is held to be invalid, illegal, void or unenforceable then such provision shall be modified by the proper authority to the extent necessary to make such provision enforceable and such modified provision and all other provisions of the Agreement shall be given effect separately from the provision or portion thereof determined to be invalid, illegal, void or unenforceable.
21 CESSION
21.1 The Service Provider may not cede, assign or delegate any or part of its rights or obligations under this Agreement to any third party without the prior written consent of the CROP CULTIVATION COOPERATIVE.
21.2 The CROP CULTIVATION COOPERATIVE shall be entitled to cede, assign or delegate all or any part of its rights and/or obligations, as the case may be, under this Agreement without the prior written consent of the Service Provider.
22 FORCE MAJEURE
22.1 Despite any other provision of this Agreement to the contrary, no Party need act if it is impossible to do so owing to any cause beyond its reasonable control including, without limitation, war, riot or natural disaster.
22.2 The non-performing Party agrees to notify the other Party promptly after it determines that it is unable to act.
22.3 No Party has any responsibility or liability for any loss or expense suffered or incurred by one Party because of the other Party not acting for as long as the impossibility in terms of this clause continues.
22.4 However, the non-performing Party agrees to make reasonable efforts to avoid or remove the cause of non-performance and agrees to continue performance under this Agreement promptly when the cause Is removed.
23 DOMICILIUM ADDRESS AND NOTICES
23.1 The Parties choose as their respective domicilium citandi et executandi for the purposes of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms hereof, the following addresses:
Physical Address: 308 King Fisher Street, Valhalla, Alberton, 0111
Postal Address: P 0 Box 79555, Alberton, 0222
Telephone: 012 621 345 119
Fax: 012 216 543 911
A Party may change their address for this purpose, by notice in writing to the other Party to that effect. Such change of address will be effective seven days after receipt of notice of the change.
23.3 All notices to be given in terms of this Agreement will:
23.3.1 be given in writing;
23.3.2 be delivered by hand, sent by e-mail, or by telefax;
23.3.3 if delivered by hand, be presumed to have been received on the date of delivery;
23.3.4 If sent by e-mail be presumed to be received on the date the e-mail Is sent, unless the contrary is proved;
23.3.5 if sent by telefax be presumed to have been received on the first business day following the date of sending of the telefax, unless the contrary is proved.
Signed at: …………………………………………
For the client: ……………………………………………….
Date: …………………………………………………………
For the service provider: …………………………………..
Date: …………………………………………………………
Witness no 1: ……………………………………………….
Date: …………………………………………………………
Witness no 2: ……………………………………………….
Date: …………………………………………………………
END OF SERVICE LEVEL AGREEMENT
Analysis by the learner
Analysis of the Service Level Agreement (SLA)
1. Terms of Reference:
• Issue: The SLA does not clearly define the purpose or specific outcomes expected from the agreement beyond developing learning materials. There should be a more detailed explanation of the exact deliverables.
• Omission: The terms of reference should include a clear definition of the objectives, deliverables, and specific outcomes.
2. Scope of Work:
• Issue: The scope of work is vaguely described in Clause 5.1, only mentioning the development of learning materials. The exact content, format, number of modules, or any specific guidelines for the materials are not specified.
• Omission: The SLA should include a detailed description of the services to be provided, including specific tasks, milestones, and deliverables.
3. Duration of the Agreement:
• Issue: The duration is defined (24 February 2023 to 30 September 2023), but the process for renewal or extension is not clearly outlined.
• Omission: A more detailed explanation of the conditions under which the agreement may be extended or renewed should be included.
4. Roles and Responsibilities of the Parties:
• Issue: The roles and responsibilities are broadly outlined, but there is no mention of a project manager or contact person for either party to handle day-to-day communication.
• Omission: The SLA should specify the exact roles of key individuals from both parties to avoid confusion during the execution of the agreement.
5. Financial Implications:
• Issue: The payment terms are mentioned, but there is no clear breakdown of the payment schedule, nor is there a clause addressing what happens if the CROP CULTIVATION COOPERATIVE fails to pay on time.
• Omission: The agreement should include a detailed payment schedule, potential penalties for late payment, and provisions for cost overruns or additional expenses.
6. Reporting Requirements:
• Issue: The reporting requirements are mentioned, but they lack specific details such as the frequency of reports, the format, and the exact content required.
• Omission: The SLA should provide a clear timeline and format for the submission of progress reports and the specific criteria by which progress will be assessed.
7. Risks and Associated Mitigation Plan:
• Issue: There is no specific section dedicated to identifying potential risks and outlining mitigation strategies.
• Omission: The SLA should include a risk assessment section that identifies potential risks (e.g., delays, non-compliance) and how these will be mitigated.
8. Breach of Contract:
• Issue: The breach of contract clause in Clause 14 is not comprehensive enough. It mentions termination but does not specify the exact repercussions of a breach (e.g., penalties, legal action).
• Omission: There should be clear and detailed consequences for breaches of contract, including financial penalties, legal remedies, and steps for dispute resolution.
9. Contact Details:
• Issue: The SLA lacks contact details for key individuals responsible for executing the agreement on both sides.
• Omission: The SLA should include full contact details (name, position, phone number, email address) for the primary contacts from both parties.
10. Signatures:
• Issue: There is no mention of where the signatures should be placed or who exactly should sign the agreement on behalf of both parties.
• Omission: The SLA should include a signature section with spaces for the authorized representatives of both parties to sign and date the agreement, along with their titles.
