LAW 6508 - Employment and Industrial Relations Practice

North Terrace Campus - Quadmester 2 - 2017

This course introduces the practice of Employment and Industrial Relations law in South Australia and aims to provide an introduction to: - the fundamentals of employment law; - implied terms, National Employment Standards, Awards and Agreements; - the different jurisdictions in which employment claims may be litigated, including the Fair Work Commission, the Industrial Relations Commission of South Australia, the South Australian Industrial Relations Court, the Workers Compensation Tribunal, the Equal Opportunity Commission, the Australian Human Rights Commission and the State and federal civil courts. - common law and statutory remedies for recovery of employment entitlements; - remedies for termination of employment, including unfair dismissal claims and general protections disputes; - workers compensation claims including the processes for commencing a claim and disputing decisions; and - discrimination in employment including sexual harassment. The course is offered in partnership with South Australian practitioners and agencies. In particular, many lectures on the course are delivered by widely recognised experts in their field of employment and industrial relations law.

  • General Course Information
    Course Details
    Course Code LAW 6508
    Course Employment and Industrial Relations Practice
    Coordinating Unit Adelaide Law School
    Term Quadmester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange N
    Prerequisites LAW 6501
    Restrictions Available to GDLP students only. Not available for Study Abroad & Exchange.
    Course Description This course introduces the practice of Employment and Industrial Relations law in South Australia and aims to provide an introduction to:
    - the fundamentals of employment law;
    - implied terms, National Employment Standards, Awards and Agreements;
    - the different jurisdictions in which employment claims may be litigated, including the Fair Work Commission, the Industrial Relations Commission of South Australia, the South Australian Industrial Relations Court, the Workers Compensation Tribunal, the Equal Opportunity Commission, the Australian Human Rights Commission and the State and federal civil courts.
    - common law and statutory remedies for recovery of employment entitlements;
    - remedies for termination of employment, including unfair dismissal claims and general protections disputes;
    - workers compensation claims including the processes for commencing a claim and disputing decisions; and
    - discrimination in employment including sexual harassment.

    The course is offered in partnership with South Australian practitioners and agencies. In particular, many lectures on the course are delivered by widely recognised experts in their field of employment and industrial relations law.
    Course Staff

    Course Coordinator: Sally Browne

    As course staff work in the South Australian legal profession all communication should be directed to the GDLP Coordinator, Michelle Elliott in the first instance - michelle.elliott@lawsocietysa.asn.au

    The GDLP Coordinator will contact the appropriate course staff as necessary.

    Course Supervisor: Simon Bourne

    Course Coordinators (UA Law School): Dr. Johanna Howe and Professor Andrew Stewart
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    By the end of this course you should be able to competently: 

    1. Assess the merits of the dispute and identify the dispute resolution alternatives
    • identified the relevant facts;
    • assessed the strengths and weaknesses of the dispute according to the relevant law;
    • identified all means of resolving the dispute, having regard to the client’s circumstances.
     
    2. Advise client on procedures
    • advised the client of means of avoiding a dispute, where appropriate;
    • advised the client of available steps to strengthen the client’s position.

    3. Commence negotiations
    • explored opportunities for a negotiated settlement, subject to the client's instructions;
    • represented, or been involved in representing, the client, or observed the client being represented, effectively at any negotiations.

    4. Initiate and responding to proceedings
    • identified the appropriate jurisdiction; initiated or opposed, or been involved in initiating or opposing, a claim or observed the initiation or opposition of a claim, in accordance with the rules of the relevant court or tribunal, in a timely manner;
    • obtained all necessary evidence and drafted all necessary documents in accordance with those rules.

    5. Represent the client
    • completed all preparation required by law, good practice and the circumstances;
    • represented, or been involved in representing the client, or observed the client being represented, effectively at any mediation, hearing or other forum.

    6. Take action to implement outcomes
    • properly documented any order or settlement and explained it to the client in a way which the client can understand;
    • identified and implemented, or been involved in identifying and implementing, any procedures required to enforce the order or settlement.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
  • Learning Resources
    Required Resources

    No textbooks are assigned for GDLP courses.

    Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

    Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.

    Recommended Resources
    Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:

    http://www.comlaw.gov.au/
    http://www.legislation.sa.gov.au/index.aspx
    http://www.austlii.edu.au/

    Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.
    Online Learning
    The course is supported by the MyUni course website. The website contains the following resources:

    1. Course information – including seminar schedule and assessment outline.
    2. Course materials – such as lecture presentations, seminar materials, readings and resources.
    3. Assessment – items of assessment and online submission.
    4. Grade centre – where students’ results for assessments are entered.

    MyUni will also be used to post announcements. Students are expected to check MyUni regularly (at least weekly) to keep up to date.

    Students should regularly check their University of Adelaide email.
  • Learning & Teaching Activities
    Learning & Teaching Modes

    No information currently available.

    Workload

    No information currently available.

    Learning Activities Summary

    No information currently available.

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    No information currently available.

    Assessment Detail

    No information currently available.

    Submission

    No information currently available.

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    RP Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro and . Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.