Units

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Sample subject outline - Semester 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Employment law is a foundation unit that allows students to survey at an advanced level the sources, components and interrelationships of employment law in Australia.

The employment relationship is one of the most rapidly changing relationships of modern times. Consequently, the law of employment is undergoing significant change as it needs to respond to new demands that are placed upon it. Increasingly legal practitioners are being called upon to advise clients on a range of issues affecting work, including for example, the terms of employment, the status of the employee, the rights and obligations of employees and employers, remedies for unfair dismissal and discrimination in the workplace, boundaries between work and private life and the blurring of those boundaries through the use of social media. Given that employment law is one of the fastest growing areas of legal practice, there is an increasing demand for this area of law to be studied at postgraduate level by members of the legal profession in both private and public sector legal practice.


Successful completion of this unit will provide students with the necessary background to undertake further advanced courses in more specialised areas of labour law, including public sector employment law, the law of industrial organisations, and labour procurement.

Aims

Undertaking this unit will introduce you to a range of legal issues affecting work, including the terms of employment, status of the employee, rights and obligations of employees and employers, remedies for unfair dismissal and issues relating to discrimination in the workplace.

Objectives

A candidate who has successfully completed this unit should:
1. understand the sources and the interrelationships of the various components of employment law in Australia;
2. demonstrate an understanding of the components of the law of employment in Australia and an ability to explain these principles and communicate opinions on them in discussion;
3. demonstrate a higher level of knowledge of selected areas of employment law;
4. appreciate the policy issues involved in employment law; and
5. demonstrate the ability to conduct focused research at an advanced level and to write a lengthy research paper at an advanced level on a topic concerning employment law.

Content

The main topics to be addressed include:

• Sources of employment law, legal and institutional frameworks


• The transition to a national system of employment through the Fair Work Act 2009 and referral of State powers


• Employees, independent contractors and other work relationships


• The modern contract of employment


• Unfair dismissal and unfair contracts


• The Fair Work Safety Net


• Modern awards and agreements


• Anti-discrimination and privacy law in the work context


• Casual and non-standard employment work relationships


• Secure employment


• General protections and adverse action under the Fair Work Act


• Industrial remedies

Approaches to Teaching and Learning

The unit will be offered in external mode only, with opportunities for web-based interactive discussion between students and lecturer. Each new topic will be introduced with a short webcast/podcast presentation in which students will be introduced to the critical issues and directed to the main readings.

Assessment

In Discussion forums 1 and 2, (On-line participation), if the Unit Course Co-ordinator considers that you may be disadvantaged by your selection of posts, you will be contacted. Your selections will be discussed and you will be given the opportunity to re-select. However, the choice of posts is finally yours to make
Students will have the opportunity to consult with staff on an informal basis about any aspect of the unit at specified times throughout the intensive teaching period and prior to the submission date for the research paper.Feedback will be offered to you by the instructor/s during on-line discussion and will be informed by the discussion forum criteria set out below.

Assessment name: Discussion Forum 1
Description: On-line participation - by Student posts to discussion site - best three of minimum five posts in each discussion forum. During the Semester Teaching Period, students will be required to post comments regularly to the discussion site on Blackboard as a means of maintaining contact with the class and as a means of contributing to class discussion of relevant points. You will need to make a minimum of five posts, but may post more often if you wish, and are encouraged to do so. For the purposes of assessment you will be invited to nominate the three posts that you consider are your best. These may be either originating posts or responses that you have made.

Discussion Forum 1
This summative assessment will be based upon the following criteria:
a. extent of active participation in on-line discussion;
b. extent to which this participation reveals pre-class preparation and/or the assimilation of insights gained from experience outside the course with concepts and principles taught during the course;
c. your ability to articulate complex ideas clearly and simply; and
d. your ability to engage with the discussion and respond to issues raised in an appropriate way.
Relates to objectives: This assessment is linked to objectives 1, 2, 3 and 4.
Weight: 25%
Internal or external: External
Group or individual: Individual
Due date: During class

Assessment name: Discussion Forum 2
Description: Summative Assessment is based on the following criteria
a. extent of active participation in on-line discussion
b. your ability to identify topical applications of the issues raised in the course
c. your ability to comment on/critique those applications
d. your ability to engage with the discussion and respond to issues raised in an appropriate way.
Relates to objectives: This assessment is linked to objectives 2 and 4.
Weight: 15%
Internal or external: External
Group or individual: Individual
Due date: During class

Assessment name: Research Paper
Description: The research paper will address one of the following:
- A prescribed topic (topics to be issued in the first lecture/seminar); OR
- A topic agreed in advanced with the unit coordinator.


This paper will be assessed upon the following criteria:

a) originality of approach to subject matter;
b) relevance to issues raised in written material and oral discussion;
c) depth of critical analysis revealed;
d) use of correct spelling and syntax;
e) clarity and conciseness of expression;
f) whether paper is of publishable standard in learned or professional journal;
g) degree of use of proper presentation techniques eg paragraphing, headings, subheadings, footnotes.
Relates to objectives: This assessment is linked to objectives 1 - 5.
Weight: 60%
Internal or external: External
Group or individual: Individual
Due date: In Exam Period

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Set Text
Sappideen O'Grady Riley & Warburton Macken's Law of Employment (7th ed) Thomson Reuters Co. 2011
Stewart, A Stewart's Guide to Employment Law (3rd ed).Federation Press 2011

Risk assessment statement

There are no out of the ordinary risks associated with this unit

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 27-Sep-2011