Governments construct the labour relations framework through legislation and regulation. Employment Law examines the contract of employment and the various sources of law that interact with and have an impact upon the relationship between individual employer and employee; legislation, awards, industrial agreements and the common law of contract. Adopting a problem based learning approach using contemporary case studies accommodates the development of research, analysis and communication attributes.
- Semester 1 - 2015
1. Critically analyse the importance of the unique contract which is the contract of employment and its role in determining individual relations between employers and employees in the workplace
2. Demonstrate an integrative understanding of the sources of law which shape the contract of employment
3. Explain how the relationship of employer and employee is identified
4. Define the life cycle of the contract of employment from its formation to its termination
5. Interpret common law obligations owed by employers and employees under the contract and the great impact of statute on this contract
6. Investigate solutions to employment issues and problems based on research and interpretation of current employment legislation.
7. Recognise the legal, social and equity implications of appropriate business practice and ethical conduct.
8. Communicate in written formats appropriate to the discipline, audience and purpose.
The course focuses on the relationship between the individual employer and employee, without attempting to explain the operation of the collective system for regulating the relationships between unions and employers. It covers the rights and obligations of the employer/employee under the contract of employment; workplace injury compensation, occupational health, safety regulation; and discrimination in employment. The major topics are:
- Introduction to Employment Law in Australia
- Distinguishing employment contracts from other legal arrangements for getting work done
- Employment contracts: creation, terms and enforcement
- Loyalty, control, performance management and discipline
- The development and coverage of statute-based employment laws in Australia
- Overview of statutory employment rights and obligations: sources and dispute resolution/enforcement
- Minimum statutory entitlements
- Enterprise agreements
- Discrimination and victimisation
- Termination of employment contracts
- Remedies for Wrongful or Unfair Termination
This course replaces the following course(s): LEGL2004 and LEGL2004. Students who have successfully completed LEGL2004 or LEGL2004 are not eligible to enrol in LEGL3111.
Written Assignment: Assignment
Formal Examination: Formal Examination
Participation: Seminar participation and contribution
Face to Face On Campus 2 hour(s) per Week for Full Term
Face to Face On Campus 1 hour(s) per Week for Full Term