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Unit Overview

Description

This unit involves an examination of the individual employment relationship between employer and employee. Among the topics given particular 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; infringement of statutory workplace rights; and selected aspects of the systems of regulation under Commonwealth legislation including National Employment Standards, modern awards and enterprise agreements.

Credit
6 points
Offering
AvailabilityLocationMode
Not available in 2025UWA (Perth)Face to face
Outcomes

Students are able to (1) classify and categorise different forms of work relationships; (2) identify and apply the legal rights and responsibilities of employers and employees; (3) assess whether terminations are lawful (at common law) under the contract of employment; (4) identify and apply the principal remedies available to employees who have been wrongfully dismissed (at common law); (5) identify and apply the statutory actions and forms of relief available to employees whose employment has been terminated unfairly; (6) identify and apply the statutory actions and forms of relief available to employees whose employment has been terminated unlawfully or whose workplace rights have been otherwise infringed; (7) assess the enforceability of post-employment restraints and their relationship to the law concerning restraint of trade; and; and (8) identify the actions and forms of relief available to employees who have suffered unlawful discrimination, bullying or harassment in or in connection with their employment..

Assessment

Indicative assessments in this unit are as follows: (1) essay and (2) examination. Further information is available 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
Enrolment in
20810 Doctor of Juridical Science
Contact hours
3hrs per week with additional seminars.
Note
Refer to the timetable website for session times and venues. Attendance at all sessions is mandatory.
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, 9th edn: Lawbook Co. 2022.

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:

Fair Work Act 2009 (Cth).

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

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


 

 

  • 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.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • 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.