units

LAW7441

Faculty of Law

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Monash University Handbook 2011 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2011 (On-campus block of classes)
Coordinator(s)Ms Joanna Betteridge

Synopsis

This unit will focus on the law of managing workforce behaviour which relates to aspects of the individual employment relationship, under the contract of employment, legislative regimes, negotiated agreements and employment practice and policy. Questions of how far employers can control the behaviour of employees at the workplace and in their private lives and what legal controls, limits and freedoms are available to employers, employees and fellow employees will be addressed.

Topics include:

  • Discipline at work in both private and public sectors (include public sector employment codes and legislation; and demotion etc as part of private sector discipline);
  • Workplace bullying and sexual harassment and legal processes and procedures for dealing with same via legislation, policy, contract etc;
  • Individual grievances at work and dispute resolution in the workplace;
  • Employee disobedience to employer orders, remedies and dismissal;
  • Absenteeism;
  • Management of injured workers or those who are long term absentees;
  • Performance management;
  • Drug and alcohol testing;
  • Criminal convictions - recruitment and performance management issues;
  • recruitment - privacy, discrimination, medial and psychological testing.

Objectives

On completion of the units students will have:

  1. an understanding of the applicable law and practice relating to conduct and behaviour in the workplace
  2. comprehensive knowledge and understanding of the role and legal status of internal discipline procedures and processes within the workplace, both private and public sectors, for human resource management
  3. comprehensive knowledge of regulatory regimes which provide avenues for redress and setting boundaries for behaviour within the workplace.

Assessment

Take-home examination (3,000 words): 40%
Class participation: 10%
Research Assignment (3,750 words): 50%
In appropriate cases determined by the lecturer where a student has experience in the practice of workplace relations and employment law assessment may be one research assignment (6,750 words) for 90% of the marks plus class participation 10%

Chief examiner(s)

Ms Joanna Betteridge

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)