LAWS 5001 Law of Employment

This is an archived copy of the 2022-2023 catalog. To access the most recent version of the catalog, please visit https://hbook.westernsydney.edu.au.

Credit Points 10

Coordinator Sandy Noakes Opens in new window

Description This subject focuses on the law that regulates individual aspects of employment relationships including the contract of employment. It aims to place an examination of the development, nature and scope of relevant legal principles in the context of the key features of the contemporary Australian labour market. Students will further develop essential problem solving and professional communication skills to enhance high level professional practice, including the experience of First Nations peoples.

School Law

Discipline Business and Commercial Law

Student Contribution Band HECS Band 4 10cp

Level Postgraduate Coursework Level 5 subject

Pre-requisite(s) LAWS 7047 Contracts

Incompatible Subjects LAWS 3046 Law of Employment

Restrictions

Students must be enrolled in program Juris Doctor (2826) to register in this subject.

Learning Outcomes

  1. Examine the institutional and regulatory framework that govern the employment relationship in Australia.
  2. Critically analyse the law of employment from contemporary and historical perspectives within an economic and social context, including the specific experience of First Nations workers.
  3. Identify and negotiate solutions to legal employment problems.
  4. Develop critically informed analysis of employment related management strategies.

Subject Content

  1. The way law governs individual relationships in the labour market, including the specific experience of First Nations workers
  2. The different forms of employment relationships and how to distinguish them
  3. The content of the contract of employment including the duties implied at common law
  4. Termination and remedies at common law
  5. Termination and remedies under statute, including unfair dismissal
  6. Some selected aspects of statutory regulation of employment

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Type Length Percent Threshold Individual/Group Task
Quiz Weekly across semester-online, plus one in-class quiz of 30 minutes duration 40 N Individual
Presentation 2 hours (expert panel presentation in seminar) 20 N Individual
Final Exam 3000 words 40 N Individual

Prescribed Texts

  • Carolyn Sappideen, Paul O’Grady and Joellen Riley, Macken’s Law of Employment (9th ed, Thomson Reuters, 2022).
  • E-reader resources: selected readings and resources compiled for the unit, which will be available via Readings and Resources on vUWS.

Teaching Periods

Structures that include subject