LAW 330- Subject Outline PDF

Preview

Summary

LAW 330- Subject Outline...

Description

Faculty of Business and Law SCHOOL OF LAW

SUBJECT OUTLINE

LLB3330: Law of Employment 6 Credit Points

LLB 330: Law of Employment 8 Credit Points

LAW 330: Law of Employment 8 Credit Points

Autumn Session 2021 Wollongong Campus – Remote Delivery This subject has been adjusted for remote delivery in Autumn 2021 due to the Coronavirus Pandemic.

Pre-requisites: Co-requisites: Restrictions: Contact Hours:

LLB3330/LLB 330

LLB 220 or LLB 230 or LLB 240 Nil Nil 2 hour seminar per week

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 1 OF 19

TA BLE OF CON TE NTS Section A: Subject Information .......................................................................................................................................... 3 Subject Contacts ..................................................................................................................................................................................3 Subject Details ....................................................................................................................................................................................3 Subject Description .........................................................................................................................................................................3 Subject Learning Outcomes ............................................................................................................................................................3 Elearning, Reading, References and Materials ....................................................................................................................................4 Lectures and Seminars ........................................................................................................................................................................5 Lecture / Seminar Times .................................................................................................................................................................5 Minimum Attendance Requirements ..............................................................................................................................................5 Weekly Outline ...............................................................................................................................................................................6

Section B: Assessment ........................................................................................................................................................ 8 Assessment Tasks................................................................................................................................................................................8 Assessment 1 ..................................................................................................................................................................................9 Assessment 2 ................................................................................................................................................................................ 10 Assessment 3 ................................................................................................................................................................................ 10 Submission, Receipt and Collection Of Assessment Tasks ............................................................................................................... 12 General Assessment Information ......................................................................................................................................................15

Section C: General Advice Guide for Students ................................................................................................................ 16 Student Services and Support ............................................................................................................................................................ 16 Policies and Guidelines .....................................................................................................................................................................17

Copyright Commonwealth of Australia Copyright Regulations 1969 © 2021 University of Wollongong The original material prepared for this guide is covered by copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission.

LLB3330/LLB 330

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 2 OF 19

Section A: Subject Information SU BJ ECT CON TA CTS

Teaching Staff Position Subject Coordinator

Name

Room

Erin Lynch

Email

Telephone

[email protected]

Consultation Mode By email or appointment

Key Contacts Name

Contact

Head of Students

Dr Kylie Lingard

[email protected]

Discipline Leader

Dr Niamh Kinchin

[email protected]

BAL Central Location

Telephone

Level 1, Building 40 4221 4478

Email

Web

[email protected]

BAL Central

Hours 9am-5pm Monday - Friday

SU BJ ECT DETAIL S Su bj e ct De sc ri pt io n An overview of the rights and duties of individual employers and employees under common law and selected legislation, including: the employment relationship; formation, content and termination of the contract of employment; implied duties of employers and employees; remedies at common law; statue-derived employment conditions; unfair dismissal legislation. Co ur s e Le ar n ing Ou t co me s Course Learning Outcomes can be found in the Course Handbook. Students should refer to the Handbook pertaining to the year of their commencement and the course in which they are enrolled. Su bj e ct Lea r ni ng O u tc o me s On successful completion of this subject, students will be able to: Subject Learning Outcomes 1. Explain the general legal principles governing individual relations between employers and employees under both common law and selected statutory modifications; 2. Evaluate the law of employment in terms of its context, interests, assumptions and limitations; apply the principles of the law of employment to factual problems; and 3. Analyse current issues in the law of employment and assess their significance. St ud e nt W or kl o ad Students should note that UOW policy equates 1 credit point with 2 hours of study per week, including lectures and tutorials/workshops/practicals, self-directed study and work on assessment tasks. For example, in a 6 credit point subject, a total of 12 hours of study per week is expected. Su bj e ct C ha ng e s an d R es po ns e t o St ud e nt F ee db a ck 2021

No substantive changes have been made to the subject. .

LLB3330/LLB 330

Erin Lynch

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 3 OF 19

Ex tr ao r di na ry Cha n ge s t o th e S ub je ct O u tl in e In extraordinary circumstances the provisions stipulated in this Subject Outline may require amendment after the Subject Outline has been distributed. All students enrolled in the subject must be notified and have the opportunity to provide feedback in relation to the amendment, where practicable, prior to the amendment being finalised. Le ar n ing An al yt i cs Where Learning Analytics data (such as student engagement with Moodle, access to recorded lectures, University Library usage, task marks, and use of SOLS) is available to the Subject Coordinator, this may be used to assist in analysing student engagement, and to identify and recommend support to students who may be at risk of failure. If you have questions about the kinds of data the University uses, how we collect it, and how we protect your privacy in the use of this data, please refer to https://www.uow.edu.au/about/privacy/index.html.

Yo ur P r iv ac y – L ect u re R ec o rd in g In accordance with the Student Privacy & Disclosure Statement, when undertaking our normal teaching and learning activities, the University may collect your personal information. This collection may occur incidentally during the recording of lectures in equipped venues (i.e. when your identity can be ascertained by your image, voice or opinion), therefore the University further advises students that:  Lecture recordings are made available to students, university staff, and affiliates, securely on the University’s Echo360 ALP (Active Learning Platform) via the eLearning platform Moodle;  Recordings are made available only for the purpose for which they were recorded, for example, as a supplemental study tool or to support equity and access to educational resources;  Recordings are stored securely for up to four years. If you have any concerns about the use or accuracy of your personal information collected in a lecture recording, you may approach your Subject Coordinator to discuss your particular circumstances. The University is committed to ensuring your privacy is protected. If you have a concern about how your personal information is being used or managed please refer to the University’s Privacy Policy or consult our Privacy webpage https://www.uow.edu.au/privacy/

EL EA RNING, RE ADING , REF ERENCES A ND MA TE RIA LS Su bj e ct e Le ar n in g The University uses the eLearning system Moodle to support all coursework subjects. The subject Moodle site can be accessed via SOLS. You can find guidelines to eLearning here http://www.uow.edu.au/student/elearning/guide/index.html You can find guidelines to ‘Netiquette’ here https://www.uow.edu.au/student/learning-co-op/technology-andsoftware/common-digital-communication-channels/ NOTE: Subject materials, such as Textbooks and Subject Readers, can be purchased through the UniShop.

Re mo te St ud y S up po r t Si te In addition to the Subject Moodle site, the Remote Study Support Moodle site (CRSE027_20) is accessible to support your studies from remote locations around the globe until you can return to on campus study. This site will appear as an additional site on your list of active Moodle subject sites. This site contains comprehensive information with a range of resources related to teaching and learning as well as other student support information.

LLB3330/LLB 330

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 4 OF 19

Pr e scr ib e d T ex t s 

Carolyn Sappideen, Paul O’Grady and Joellen Riley, Macken’s Law of Employment (Lawbook Co, 8th ed, 2016). [abbreviated as Macken]. KN/192.K1/MAC/1



Online Readings (UOW E-Readings): LLB/LAW 330

Re co m me nd ed Rea d in g s / Vi ew i ng / L i ste n in g These resources are recommended and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources and supplement the recommendations with resources discovered through their own research, both online and in hard copy. UOW Library http://www.library.uow.edu.au/index.html Most subject information resources, e.g. Subject Readings are accessible online. Print text books and recommended readings are available from the Library collections. Text books may be available for a 2-day loan. Use Library search to locate titles.  Rosemary Owens, Joellen Riley and Jill Murray, The Law of Work (Oxford University Press, 2nd ed 2010). KN/190.K1/OWE/1 A good general textbook which covers both individual and collective aspects of labour law and regulation. Takes an analytical and critical perspective. Coverage of contractual aspects is much less comprehensive than Macken.  Andrew Stewart et al, Creighton and Stewart’s Labour Law (Federation Press, 5th ed 2016) chs. 1, 8-11, 21m 22-23 This detailed text contains several chapters of relevance to this subject, though its coverage of contractual aspects is briefer than Macken.  Andrew Stewart, Stewart’s Guide to Employment Law (Federation Press, 5th ed, 2015). KN/192.K1/STE/1 An excellent short introduction to the subject – not sufficiently detailed for the purposes of this subject, but very good at explaining difficult topics. Updated via publisher’s website.  Natalie Van der Waarden, Understanding Employment Law: Concepts and Cases , (LexisNexis Butterworths, 3rd ed, 2014). KN/192.K1/VAN/1 This is a useful book providing basic coverage of contractual and statutory aspects. Good case summaries.  Mark Irving, The Contract of Employment (LexisNexis Butterworths, 2012). KN/192.1.K1/IRV/1 Extensive survey of common law issues in relation to employment.  Ian Neil and David Chin The Modern Contract of Employment (Thomson Reuters, 2012). KN/192.1.K1/NEI/1 Concise but solid guide to employment contracts in Australian law.  Donaghey, Tim, Termination of Employment (LexisNexis Butterworths, 2nd ed, 2013). KN192.24.K1/DON/1

Ot he r R eso u r ce s Further resources for each topic will be made available on the Moodle site, as applicable.

LE CTURES A ND SE MINARS Le ct u re / S e mi na r T i me s Current timetable information is located at http://www.uow.edu.au/student/timetables/index.html. M ini mu m A tt e nda n ce Re qu ir e me nt s Students who do not attend 80% of the seminars for this subject will not have met the subject requirements and will receive a technical fail (TF).

LLB3330/LLB 330

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 5 OF 19

Le ct u re R ec or d in gs The University of Wollongong supports the recording of lectures as a supplemental study tool, to provide students with equity of access, and as a technology-enriched learning strategy to enhance the student experience. If you make your own recording of a lecture you can only do so with the explicit permission of the lecturer and those people who are also being recorded. You may only use recorded lectures, whether they are your own or recorded by the University, for your own educational purposes. Recordings cannot be altered, shared or published on another platform, without permission of the University, and to do so may contravene the University’s Copyright Policy, Privacy Policy, Intellectual Property Policy, IT Acceptable Use Policy and Student Conduct Rules. Unauthorised sharing of recordings may also involve a breach of law under the Copyright Act 1969. We ek ly Ou tl in e This is a guide to the weekly topics however the sequence of these topics may on occasion vary due to unforeseen circumstances. Check the Subject Moodle site for more details Week / Date Week 1 Commencing 1 March

Tutorial/Seminar/Practical



Introduction to Subject; Sources of Employment Law

Week 2 Commencing 8 March



The Employment Relationship

Week 3 Commencing 15 March



The Employment Relationship

Week 4 Commencing 22 March



Employment Contract: Formation and Terms

Week 5 Commencing 29 March



Duties of Employees

Week 6 Commencing 5 April*



Duties of Employers; Mutual Duties



Termination of the Employment Contract

Week 7 Commencing 12 April

Task Due

Online Test 1

Commencing 19 April MID-SESSION RECESS No Classes

LLB3330/LLB 330

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 6 OF 19

Week 8 Commencing 26 April



Remedies for Breach of the Employment Contract

Week 9 Commencing 3 May



Statutory Regulation of Employment

Week 10 Commencing 10 May



Statutory Regulation of Employment

Week 11 Commencing 17 May



Unfair Dismissal Legislation

Week 12 Commencing 24 May



Unfair Dismissal Legislation

Week 13 Commencing 31 May Commencing 7 June

12 June to 24 June

Online Test 2

Take home exam

Study Recess

Examination Period

*Public Holiday: Friday 2 April (Week 5), Monday 5 April (Week 6) and Monday 14 June (during exam period)

LLB3330/LLB 330

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

PAGE 7 OF 19

Section B: Assessment AS SE SS MEN T TAS KS M ini mu m P er fo r ma nc e Re q ui re me nt s All assessment tasks must be submitted. Students who do not meet the minimum performance requirements, as specified for each assessment, will receive a TF (Technical Fail) grade for this subject, which will appear on your Academic Transcript. Re qu ir e me nt s R ela t e d to S t ud ent Co nt r ib ut io n s Online lecture content will be loaded to the Moodle site by the Thursday prior to the seminar. The lectures provide a framework for the material to be covered in seminars. Seminars will be conducted on the basis that students have watched the lectures and completed any activities. Students are expected to engage in the online learning activities, including participating in any remotely delivered seminars in order to achieve the Subject Learning Outcomes. Students are expected to have completed readings, watched any lecture material, and completed any relevant exercises prior to attending/joining seminars and to participate actively and constructively in seminars. Re fe re n ci ng Referencing is an essential component of academic writing or presentation since it enables the reader to follow up the source of ideas and information presented in your work, and to examine the interpretation you place on the material discovered in your research. Reliable referencing clearly indicates where students have drawn their own conclusions from the evidence presented. Importantly, much of the material students will use is covered by copyright which means that they must acknowledge any source of information, including books, journals, newsprint, images and the internet. It is obligatory for students to reference all sources used in their written work including electronic material. Clear examples of how to reference correctly, across a wide variety of source materials, can be found on the UOW Library website: •

Library Resources - Referencing and Citing http://www.library.uow.edu.au/resourcesbytopic/UOW026621.html

Different programs use different referencing styles to reflect the needs of their discipline. It is the student’s responsibility to ensure they use the correct referencing style as advised in this Subject Outline. Written assessment tasks submitted for LAW and LLB subjects offered by the School of Law must be referenced in accordance with the Australian Guide to Legal Citation (Melbourne University Law Review, 4th ed, 2018) unless an alternate referencing system is specified in the assessment task requirements (this may apply to LAW subjects only). The Guide may be borrowed from the University library, or purchased from the UniShop, or accessed from this link: https://iii.library.uow.edu.au/record=b2880045 For further information about referencing in legal studies, go to: http://uow.libguides.com/refcite

As se s s me nt F e e dba c k Please Note: UOW policy requires that feedback in assessment is returned to students within 15 working days of due date. Please note that, in 2021, the university has a one week shut down p...