Employment Law

University of Newcastle

Course Description

  • Course Name

    Employment Law

  • Host University

    University of Newcastle

  • Location

    Newcastle, Australia

  • Area of Study

    Human Resources, Legal Studies, Pre-Law

  • Language Level

    Taught In English

  • Prerequisites

    This course replaces the following course(s): LEGL2004. Students who have successfully completed LEGL2004 are not eligible to enrol in LEGL3111.

  • Course Level Recommendations

    Upper

    ISA offers course level recommendations in an effort to facilitate the determination of course levels by credential evaluators.We advice each institution to have their own credentials evaluator make the final decision regrading course levels.

    Hours & Credits

  • Host University Units

    10
  • Recommended U.S. Semester Credits
    3 - 4
  • Recommended U.S. Quarter Units
    4 - 6
  • Overview

    Governments construct the labour relations framework through legislation and regulation. Employment Law examines the contract of employment and the various sources of law that interact with and have an impact upon the relationship between individual employer and employee; legislation, awards, industrial agreements and the common law of contract. Adopting a problem based learning approach using contemporary case studies accommodates the development of research, analysis and communication attributes.
    LEARNING OUTCOMES
    1. Critically analyse the importance of the unique contract which is the contract of employment and its role in determining individual relations between employers and employees in the workplace
    2. Demonstrate an integrative understanding of the sources of law which shape the contract of employment
    3. Explain how the relationship of employer and employee is identified
    4. Define the life cycle of the contract of employment from its formation to its termination
    5. Interpret common law obligations owed by employers and employees under the contract and the great impact of statute on this contract
    6. Investigate solutions to employment issues and problems based on research and interpretation of current employment legislation.
    7. Recognise the legal, social and equity implications of appropriate business practice and ethical conduct.
    8. Communicate in written formats appropriate to the discipline, audience and purpose.
    CONTENT
    The major topics to be covered are:
    • Introduction to Employment Law in Australia
    • Distinguishing employment contracts from other legal arrangements for getting work done
    • Employment contracts: creation, terms and enforcement
    • Loyalty, control, performance management and discipline
    • Overview of statutory employment rights and obligations: sources, coverage and dispute resolution/enforcement
    • Minimum statutory entitlements
    • Awards
    • Enterprise agreements
    • Discrimination and victimisation
    • Termination of employment contracts
    • Remedies for Wrongful or Unfair Termination
    • Industrial Action
    ASSESSMENT ITEMS
    Written Assignment: Assignment
    Formal Examination: Formal Examination
    Participation: Seminar participation and contribution

Course Disclaimer

Courses and course hours of instruction are subject to change.

Credits earned vary according to the policies of the students' home institutions. According to ISA policy and possible visa requirements, students must maintain full-time enrollment status, as determined by their home institutions, for the duration of the program.