LAW4132 - Law of employment - 2019

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Chief examiner(s)

Semester 2: Stuart Kollmorgen

Unit guides

Offered

Clayton

  • Second semester 2019 (On-campus)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112

Synopsis

This Unit examines the individual employment relationship under the contract of employment and the rights and duties that arise under contract and from the National employment Standards in the Fair Work Act 2009 (Cth). Students will study the principles, rights and remedies in termination of employment, including protection from unfair dismissal and other general protections under the Fair Work Act 2009 (Cth), as well as statutory protection from discrimination at work. The Unit examines the legal distinction between employment and other work arrangements and the implications for workers and employers of the distinction.

Outcomes

On completion of this unit students will be able to:

  1. identify a contract of employment and explain the rights and obligations that flow from regulation by contract and its termination
  2. distinguish between employees and other kinds of workers and critically evaluate the implications of the distinction for workers and employers;
  3. understand and apply the National Employment Standards of the Fair Work Act to problems;
  4. recognise and apply the statutory protections available to individual employees under Australian workplace and anti-discrimination legislation to problems;
  5. research the law of employment and apply the law to problems to resolve them;
  6. critically evaluate the efficacy of the law in this area;
  7. convincingly state the need for changes to the law.

Assessment

NOTE: From 1 July 2019, the duration of all exams is changing to combine reading and writing time. The new exam duration for this unit is 2 hours.

In semester assessment 40%, comprising cases and legislation quizzes (20%) and persuasive writing task (750 words, 20%)

AND final examination (2 hours) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information