units

LAW4132

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

  • Second semester 2016 (Day)

Synopsis

This Unit examines the individual employment relationship under the contract of employment and the rights and duties that arise under contract and from the National employment Standards in the Fair Work Act 2009 (Cth). Students will study the principles, rights and remedies in termination of employment, including protection from unfair dismissal and other general protections under the Fair Work Act 2009 (Cth), as well as statutory protection from discrimination at work. The Unit examines the legal distinction between employment and other work arrangements and the implications for workers and employers of the distinction.

Outcomes

On completion of this unit students will be able to:

  1. identify a contract of employment and explain the rights and obligations that flow from regulation by contract;
  2. distinguish between employees and other kinds of workers and critically evaluate the implications of the distinction for workers and employers;
  3. understand and apply the National Employment Standards of the Fair Work Act;
  4. recognise and apply the statutory protections available to individual employees under Australian workplace and anti-discrimination legislation;
  5. research the law of employment and apply the law to new problems to resolve them;
  6. critically evaluate the efficacy of the law in this area and debate the need for changes to the law.

Assessment

In semester assessment 40%, comprising EITHER research assignment 2000 words OR
case note 1500 words (30%) and class presentation on case (10%);
AND final examination (2 hours plus 30 min reading and noting) 60%
OR
Final examination (3 hours plus 30 min reading and noting) 100%, including 40% research component.

All students will also be required to complete a non-assessable review exercise around Week 6 of the course.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Karen Wheelwright

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112