UWA Handbook 2017

Unit details

LAWS5360 Employment Law

Credit 6 points
  Offering
(see Timetable)
AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face
Content This unit involves an examination of the individual employment relationship between employer and employee. Among the topics given special attention are the contract of employment and its importance at common law and under statute; rights and duties of the respective parties; remedies for breach; unfair and unlawful termination of employment at common law and under state and federal statutes; and selected aspects of the systems of regulation under Commonwealth and state legislation including, in particular, awards and collective agreements.
Outcomes Students are able to (1) demonstrate at an advanced level knowledge of (a) the purpose of the laws which govern the employment context; (b) the common law and statutory laws (both state and federal) which are relevant to the legal rights and responsibilities of employers and employees; (c) the categorisation/classification of different forms of work relationships; (2) demonstrate the ability to identify and apply the relevant legal rules and principles in circumstances involving (a) the lawful termination of contracts of employment; and (b) the wrongful termination of employment; (3) understand and apply, at an advanced level, (a) the statutory actions and forms of relief available to employees whose employment has been terminated unfairly; and (b) the statutory actions and forms of relief available to employees whose employment has been terminated for proscribed reasons ('unlawfully'); (c) the laws relating to post-employment restraints and their relationship to the law concerning restraint of trade; (4) demonstrate (a) the ability to reflect upon and respond to ethical issues arising in the employment context, including unlawful discrimination in connection with employment and health and safety at work; and (b) a developing ability to demonstrate professional judgment; and (5) identify, research, evaluate and synthesise legal problems and conflicts arising in employment law; and recognise and articulate the complex policy issues associated with insurance law.
Assessment Typically this unit is assessed in the following ways: (1) research essay; (2) in-class test; and (3) final examination. Further information is available in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s) Emeritus Professor William Ford
Contact hours Summer intensive
Unit Outlinehttp://www.unitoutlines.law.uwa.edu.au/Units/LAWS5360/TS-D-1A/2017
Note Teaching dates for this unit are as follows: 16-19, 23-25, 30-31 January and 1-2,4,6-9, 11 February with and exam on February 24th. Please refer to the timetable website for session times and venues. Attendance at all sessions is mandatory.
Introductory
texts

Collins, H. Employment Law: OUP 2010

Stewart, A. Stewart’s Guide to Employment Law: Federation Press 2015

Recommended
reference works

Creighton, W. B. and Stewart, A. Labour Law: an Introduction, 5th edn: Federation Press 2011

Owens, R. and Riley, J. Employee Protection at Common Law: Federation Press 2005

Owens, R. and Riley, J. The Law of Work: OUP 2012

Sappideen, C. et al. Macken’s Law of Employment, 7th edn: Lawbook Co. 2012

Additional
resources and
reading material

Freedland, M. The Personal Employment Contract: OUP 2003

Pittard, M. J. and Naughton, R. B. Australian Labour Law, 5th edn: LexisNexis Butterworths 2003

Cases, articles and other monographs as referred to during the unit.

Statutes as referred to during the unit including:

Industrial Relations Act 1979 (WA) ('IRA 1979')

Minimum Conditions of Employment Act 1993 (WA) ('MCE 1993')

Fair Work Act 2009 (Cwlth)

 

 


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