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LAWS5360 Employment Law

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (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 of the contract of employment; unfair and unlawful termination of employment under state and federal statutes; and selected aspects of the systems of regulation under Commonwealth legislation including, in particular, modern awards and enterprise agreements.
Outcomes
Students are able to (1) demonstrate knowledge at an advanced level of (a) the purpose of the laws which govern employment; (b) the common law and statutory laws (both state and federal) which regulate the legal rights and responsibilities of employers and employees; (c) the classification of different forms of work relationships; (2) demonstrate the ability to identify and apply relevant legal rules and principles in circumstances involving (a) the lawful termination of contracts of employment; and (b) the wrongful termination of contracts 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'); (4) demonstrate (a) the ability to reflect upon and respond to ethical issues arising in the employment context, including unlawful discrimination, bullying and harassment in connection with employment 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 employment relationships.
Assessment
Indicative assessments in this unit are as follows: (1) research essay; (2) in-class test; and (3) final examination. Further information is available in the unit outline.

For units commencing in May 2022 or later the availability of the supplementary assessment is subject to confirmation.

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:
Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 Legal Theory and Ethics
Co-requisites:
Nil.
Incompatibility:
Nil.
Introductory
texts

Collins, H. Employment Law, 2nd edn: OUP 2010.

Stewart, A. Stewart’s Guide to Employment Law, 7th edn: Federation Press 2021.

Recommended
reference works

Creighton, W. B. and Stewart, A., et al.  Labour Law: an Introduction, 6th edn: Federation Press 2016.

Owens, R. and Riley, J. The Law of Work, 2nd edn: OUP 2012.

Sappideen, C. et al. Macken’s Law of Employment, 8th edn: Lawbook Co. 2016.

Additional
resources and
reading material

Freedland, M. The Personal Employment Contract: OUP 2006.

Pittard, M. J. and Naughton, R. B. Australian Labour and Employment Law: LexisNexis Butterworths 2014.

Floyd, L. et al. Employment, Labour and Industrial Law in Australia: Cambridge UP 2018.

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 (Cth).

 

 

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