6 points, SCA Band 3, 0.125 EFTSL
Postgraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
- Term 4 2019 (On-campus)
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7441
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 covered will focus on issues such as 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; 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 conviction - recruitment and performance management issues; and recruitment - privacy, discrimination, medial and psychological testing.
On completion of the units students will be able to:
- Apply knowledge and understanding of the applicable law and practice relating to conduct and behaviour in the workplace with creativity and initiative to new situations in professional practice;
- Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the regulatory regimes which provide avenues for redress and setting boundaries for behavior within the workplace;
- Conduct research into the role and legal status of internal discipline procedures and processes within the workplace, both private and public sectors, for human resource management based on knowledge of appropriate research principle and methods; and
- Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to law of workforce management.
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%
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)