LAW 6508 - Employment and Industrial Relations Practice
North Terrace Campus - Semester 1 - 2015
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General Course Information
Course Details
Course Code LAW 6508 Course Employment and Industrial Relations Practice Coordinating Unit Adelaide Law School Term Semester 1 Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Intensive Available for Study Abroad and Exchange Y Prerequisites LAW 6501 Assessment Assessment in this course will include one or more of the following: completion of relevant forms, letters of advice, online quizzes, multiple choice questions, and a mock conciliation conference. Course Staff
Course Coordinator: Michelle Elliott
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: Joseph Wearing
Course Coordinator (UA Law School): Dr. Johanna HoweCourse Timetable
The full timetable of all activities for this course can be accessed from Course Planner.
LECTURES
There are 9 hours of lectures: the lectures are pre-recorded and available online.
SEMINARS
There are 9 hours of Seminars divided into the following blocks of time
2 x 3 hour seminars
3 hour mock conciliation conferences
OTHER
In additional to lectures and seminars there are 6 hours of additional readings, resources, and online activities to be completed. -
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) Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1 to 6 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1 to 6 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1 to 6 Skills of a high order in interpersonal understanding, teamwork and communication. 1 to 6 A proficiency in the appropriate use of contemporary technologies. 1 to 6 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1 to 6 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1 to 6 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1 to 6 -
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 also regularly check their University of Adelaide email. -
Learning & Teaching Activities
Learning & Teaching Modes
The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.
Students MUST come prepared for seminars, namely having undertaken prior readings and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group.
A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically.
Attendance is necessary to ensure that students are part of the interactive and reflective learning environment (which enhances learning outcomes) and provides students with the ability to develop their skills of oral presentation, teamwork and persuasion (valuable to the professional environment). Students are expected to behave in an ethical and professional manner as would be expected in the workplace environment (compliant with the professional conduct rules and standards).
Students, who due to disability, compelling medical or compassionate reasons, or in exceptional circumstance, are unable to attend the required seminars, may complete alterative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar misses and will be negotiated with the GDLP Coordinator. Students MUST inform the GDLP Coordinator at the earliest opportunity of their absence and where they require this make-up work optionWorkload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
In addition to the lectures and seminars (see course timetable) we recommend that you spend 8 hours per week in private study which includes reading the materials, preparing for lectures and seminars and undertaking the assessment tasks.Learning Activities Summary
Topic 1: Employment entitlement and termination of employment remedies
Lecture: 6 hours
Seminar 1: 3 hours
Assessment: Employment entitlement and termination of employment assessment
Topic 2: Workers compensation and discrimination
Lecture: 1 hour
Workers Compensation
Lecture: 1 hour
Discrimination
Seminar 2: 3 hours
Application of workers compensation and discrimination and preparation for mock conciliation conferences
Assessment: Discrimination questions
Assessment: Workers compensation
Topic 3: Mock conciliation conference
Lecture: 1 hour
Preparing for and participating in conciliation conference
Seminar 3: 3 hours
Mock conciliation conference
Assessment: Preparation and participation in mock conciliation conferences
Specific Course Requirements
The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 and Law Admissions Consultative Committee 2015 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards. Consequently, the compulsory attendance and active participation in seminars is required in addition to assessment tasks. -
Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessments will be made available to students, prior to the nominated deadline.
Note: Competence must be demonstrated in all assessment tasks and activities.
Assessment deadlines are as follows, unless otherwise advised:
Topic 1: Employment Entitlement and termination of employment remedies
Assessment: Employment entitlement and termination of employment remedies assessment
Learning outcomes 1-5
Deadline: 4/6/15
Topic 2: Workers Compensation and Discrimination
Assessment:
Discrimination questions
Learning outcomes 1-5
Deadline: 7/6/15
Topic 3: Mock Conciliation Conference
Assessment:
Preparation and participation mock conciliation conferences
Learning outcomes 1-5
Deadline: 11/6/15
Assessment:
Workers Compensation
Learning outcomes 1-5
Deadline: 13/6/15
Note: All assessments are individual assessments and are redeemable EXCEPT for the Participation mark within the Mock Conciliation Conference.Assessment Related Requirements
Detailed information regarding the specific details of assessment which are required to be completed satisfactorily will be provided on MyUni.
In this course, students will also be assessed on the following:
- Attendance (95% rule applies)
- Punctuality
- Workload management and ability to adhere to deadlines
- Display active engagement in practical activities
- Demonstrate respectful behaviour towards others
- Maintaining a high level of confidentiality at all times
- Satisfactory completion of prescribed exercises
Assessment Detail
Unless otherwise stated, there will be no prescribed word limit for assessments.
This is because the purpose of the GDLP programme is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. In a legal practice it is highly unlikely you will be set a certain number of words or pages for the tasks you are asked to complete.
However, in the majority of assessments guidelines will be provided.
The quality of English expression is considered to be an integral part of the assessment process.
Assessment competence will take into consideration: expression, structure, correct grammar, typography, etc.
Presentation is to be single spaced and 2.5cm left margin.
Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Coordinator through a Course Announcement.Submission
Students must retain a copy of all assessments submitted.
Students are to submit assessments online within MyUni.
Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.
Students will be marked in accordance with the marking rubric.
Resubmission
Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent (fail). All non-competent (failed) assessments, per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.
If the assessment is deemed non-competent (fail) after the double-marking process, students may be offered the opportunity to revise and resubmit the assessment. Students granted a resubmission will have 7 days from the time they are informed by email from the LSSA GDLP Office to resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.
Extensions
Students MUST apply for an extension prior to the deadline to the GDLP Coordinator.
Extensions on medical and compassionate grounds will be in accordance with University policy.
Late Submission
NOTE: in this course, students are assessed against a professional workplace standard; namely
- Punctuality
- Workload management and ability to adhere to deadlines
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.
Grades for your performance in this course will be awarded in accordance with the following scheme:
Grade Grade reflects following criteria for allocation of grade: Reported on Official Transcript Fail No Submission No work submitted for assessment FNS Fail Competency not demonstrated F Non-Graded Pass Competency demonstrated NGP Result Pending An interim result RP Continuing Continuing CN No Formal Examination No formal examination NFE
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.
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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.
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Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- International Student Support
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
- YouX Student Care - Advocacy, confidential counselling, welfare support and advice
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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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.
