Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

FacultyFaculty of Law
OfferedClayton Second semester 2013 (Day)


Topics include: 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.


On completion of this unit 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.


Optional internal assessment 40%, comprising EITHER research assignment 2000 words OR case note 1500 words (30%)
class presentation (10%) PLUS examination (2 hours plus 30 min reading and noting) 60%
Examination (3 hours plus 30 minutes reading and noting): 100%

Chief examiner(s)

Contact hours

Three hours of lectures per week.


LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102