LAW4132

Law of employment 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Not offered in 2005.

Synopsis: The legal nature of the employment relationship between an employer and an employee. The individual nature of that relationship as opposed to the relationship between collective organisations of employers and employees. The formation of that relationship, and the source and content of the legal obligations which flow from it. Legal classifications of the work relationship which dictate consequent industrial and taxation obligations. The legal principles relating to termination and breach of the contract and the remedies which flow. The legal rights of an employee who claims that his or her employment has been prejudiced by discriminatory behaviour.

Objectives: On completion of this subject students should be able to demonstrate an understanding of the individual components of the employment relationship as opposed to the relationship between organised groups of employers and employees. Students will understand the elements of a valid contract of employment and be able to identify and analyse the rights and duties of an employer and an employee under that contract. Students should be able to apply the legal principles to circumstances which give rise to termination and breach of contract and to identify, apply and critically analyse the appropriate remedies. Students should be able to recognise discrimination in employment and to apply the appropriate law.

Assessment: Research assignment (3000 words): 30% + Class test/Examination (2.5 hours): 70%

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society; LAW2100 Contract OR LAW2101 Contract A and LAW2102 Contract B