Studying online
There are now 2 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Click on an offering mode for more details.
Unit Overview
- Description
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 industrial dispute resolution and regulation under Commonwealth and state legislation including, in particular, awards, collective agreements and individual agreements.
- Credit
- 6 points
- Outcomes
Students have a sound understanding of, and a capacity to appropriately apply, the major legal rules and principles (under the common law and relevant state and federal statutes) which govern (1) the categorisation/classification of different forms of work relationships; (2) the legal rights and responsibilities of employers and employees; (3) the lawful termination (at common law) of the contract of employment; (4) the principal remedies available to employees who have been wrongfully dismissed (at common law); (5) the statutory actions and forms of relief available to employees whose employment has been terminated unfairly or unjustly; (6) the statutory actions and forms of relief available to employees whose employment has been terminated unlawfully; (7) the enforceability of post-employment restraints and their relationship to the law concerning restraint of trade; and (8) the actions and forms of relief available to employees who have suffered unlawful discrimination in, or in connection with, their employment.
- Assessment
Students demonstrate achievement of the outcomes in a variety of assessment methods which may include an essay and a final examination. Further assessment information is provided in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Emeritus Professor William Ford
- Unit rules
- Prerequisites
- LAWS1102 Contract II
- Incompatibility
- LAWS3309 Workplace Law
- Contact hours
- summer intensive
- Introductory
texts -
Collins, H. Employment Law, 2nd edn: OUP 2010
Stewart, A. Stewart's Guide to Employment Law, 4th edn: Federation Press 2013
- Recommended
reading -
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, 2nd edn: OUP 2012
Sappideen, C. et al. Macken's Law of Employment, 6th edn: Lawbook Co. 2008
- Additional
resources and
reading material -
Freedland, M. The Personal Employment Contract: OUP 2003
Pittard, M. J. and Naughton, R. B. Australian Labour Law, 4th 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)
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
- Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.