Law of Employment

Unit code: BLO5513 | Study level: Postgraduate
12
(Generally, 1 credit = 10 hours of classes and independent study.)
City Campus
N/A
Overview
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Overview

This unit critically examines aspects of employment and industrial law required for highly skilled professional practice in the vocational aspects of HR management and workplace relations. Students will respond to authentic problems, proficiently implementing and adapting the skills necessary to propose optimal solutions to legal problems which may arise in contemporary and emerging workplaces. Critical and creative thinking will inform strategizing techniques and the ability to substantiate or validate innovative resolutions to challenges which may arise in the course of the employment relationship. The unit explores the four main sources of rights and obligations impacting on work arrangements, namely: legislation, industrial instruments, the contract of employment and workplace policies. Key topics include implied duties under the contract of employment; safety net entitlements, collective bargaining, termination of employment; work health and safety; and equal opportunity laws.

Learning Outcomes

On successful completion of this unit, students will be able to:

  1. Critically review the ways in which the common law impacts on the employment relationships;
  2. Analyse and apply legislation that governs the employer/employee relationship including the Fair Work Act 2009 (Cth), occupational health and safety legislation and anti-discrimination laws;
  3. Critically reflect upon theoretical approaches informing legal principles and analyse their application across a range of employment contract categories;
  4. Ascertain the rights and responsibilities of parties to a contract of employment in a dispute situation and potential remedies for breach of contractual or statutory obligations;
  5. Critique the legitimacy of a termination of employment in a given set of facts and justify conclusions through the application of relevant case law, statutory provisions and legal principles;
  6. Evaluate scenarios representing common employment disputes to recommend suitable strategies and/or resolutions and articulate likely outcomes of any litigation; and
  7. Exemplify professional judgement in applying the procedures for making an enterprise agreement and getting it approved by the Fair Work Commission that demonstrates a critical understanding of organisational values and operational requirements and an individual’s responsibilities within these.

Assessment

For Melbourne campuses

Assessment type: Assignment
|
Grade: 30%
Letter of advice based on real life scenarios
Assessment type: Case Study
|
Grade: 20%
Case study analysis based on the ruling handed down by a Court or Tribunal (Group)
Assessment type: Report
|
Grade: 50%
Evaluate scenarios representing common employment disputes to recommend suitable resolutions

Required reading

Principles of Employment Law
Price, R., Nielsen, J., 2018| Pyrmont, NSW : Thomson Reuters (Professional) Australia

As part of a course

This unit is not compulsory for any specific course. Depending on the course you study, this unit may be taken as an elective.

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