Law of employment 406
Associate Professor M Pittard
6 points
* Three 1-hour lectures per week
* One semester
*
Clayton
* Prerequisite: LAW2100
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.
Synopsis Law of employment examines the legal nature of the employment relationship between an employer and an employee. The subject focuses on the individual nature of that relationship as opposed to the relationship between collective organisations of employers and employees. The formation of that relationship, and in particular the source and content of the legal obligations which flow from it, are considered. The various legal classifications of the work relationship which dictate consequent industrial and taxation obligations are examined. The legal principles relating to termination and breach of the contract and the remedies which flow are considered. The remedies are critically analysed in the context of the prevailing law. The legal rights of an employee who claims that his or her employment has been prejudiced by discriminatory behaviour are considered.
Assessment Written research assignment (3000 words): 30%
* Final
examination (2.5 hours): 70%
Texts
McCallum R C and Pittard M J Australian labour law: Cases and materials 3rd edn, Butterworths, 1995
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