LAW 3611 - Employment Law: Selected Issues

North Terrace Campus - Semester 1 - 2024

This course examines selected issues in employment law. It provides a thematic overview of a range of contemporary topics pertinent to the legal regulation of work relationships from an Australian perspective, adopting comparative approaches where relevant. It deals with a range of pressing issues facing governments, employers and workers in an industrial, social and political context. Potential topics may include: the role of courts and parliament in regulating employment; the contractual model of employment;post-employment restraints; freedom of expression, social media and the work/life boundary; digital platform work and the gig economy; casualisation of the workforce; wage theft; unpaid internships and the transition from education to work; vulnerable workers; leave entitlements; women in the workplace; employment and public health; and future projections for change to Australia?s employment law. While LAW 3517 Law of Work is not a prerequisite, students who have not undertaken that course will be expected to undertake preliminary study (for which material will be supplied) on some of the general concepts covered in that course.

  • General Course Information
    Course Details
    Course Code LAW 3611
    Course Employment Law: Selected Issues
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 4 hours per week(fortnightly seminar)
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1501 and LAW 1510
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Assessment Research assignment and Research Essay
    Course Staff

    Course Coordinator: Dr Gabrielle Golding

    Course Timetable

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

  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1. Analyse and apply, in a principled manner, the principles of selected issues in employment law, both in Australia and in selected other countries.
    2. Undertake legal research at an intermediate to advanced level, and evaluate and apply a range of legal sources to resolve contemporary employment law problems.
    3. Structure and sustain persuasive written arguments for a legal audience. Communicate effectively individually and as part of a team.
    4. Interact with peers in an ethical manner, appropriate to an academic environment. Exercise professional judgement in completion of in-class activities and assessments.
    5. Reflect on the different approaches taken in other countries with respect to selected employment issues and engage in informed debate as to the efficacy of the current state of Australian employment law.
    6. Analyse and critically evaluate the purpose and effect of Australian employment law.
    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)

    Attribute 1: Deep discipline knowledge and intellectual breadth

    Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.

    5,6

    Attribute 2: Creative and critical thinking, and problem solving

    Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.

    1-4

    Attribute 3: Teamwork and communication skills

    Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.

    4-6

    Attribute 4: Professionalism and leadership readiness

    Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.

    1-6

    Attribute 5: Intercultural and ethical competency

    Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.

    5,6

    Attribute 7: Digital capabilities

    Graduates are well prepared for living, learning and working in a digital society.

    4

    Attribute 8: Self-awareness and emotional intelligence

    Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.

    4-6
  • Learning Resources
    Required Resources
    Relevant resources will be made available to students through MyUni/Canvas.
  • Learning & Teaching Activities
    Learning & Teaching Modes

    This course will be taught through:

    • 12 x 2-hour weekly lectures; and

    • 6 x 2-hour fortnightly seminars.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    This course comprises a total of 24 hours of interactive lectures, supported with 12 hours of additional structured learning activities that prepare participants to undertake each fortnightly seminar.

    In addition to attending interactive lectures and seminars, it is expected that students will also undertake a substantial amount of independent preparation. Students will also be required to devote time to completing course assignments.

    The total time commitment for this course is estimated at 156 hours.
    Learning Activities Summary

    The following topics will be covered over a 12-week program:

    Topic 1: an introduction to contemporary issues in Australian employment law

    Topic 2: the role of courts and parliament in regulating employment

    Topic 3: the contractual model of employment

    Topic 4: implied terms in the contract of employment

    Topic 5: internships

    Topic 6: digital platform work and the gig economy

    Topic 7: post-employment restraints

    Topic 8: freedom of expression, social media and the work/life boundary

    Topic 9: the right to disconnect

    Topic 10: menstrual leave

    Topic 11: migrant workers

    Topic 12: undocumented migrant workers

  • 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
    Assessment task Task type Weighting Length Due Learning outcomes
    Research assignment Individual; summative 30% 1,500 words

    Thursday, 4 April 2024 at 2:00 pm (Week 6)

    1-6
    Research essay Individual; summative 70% 3,500 words Thursday, 13 June 2024 at 2:00 pm (SWOTVAC Week 2) 1-6
    Assessment Detail

    Research assignment (30%)

    Students are asked to respond to a request within the Federal Department of Employment and Workplace Relations to prepare a research paper in response to several questions, which raise issues covered in Weeks 1 to 4 of the course.

    Students are asked to write a short research paper (1,500 words maximum, including all footnotes, headings and quotations), summarising the relevant employment law issues associated with particular questions asked, and to share their views on whether they agree or disagree with the position(s) taken in respect of those questions.

    Students are required to present their research paper as a truly evidence-based evaluation of the ideas presented. With this in mind, students must thoroughly support their argument by using primary and secondary sources.

    Research essay (70%)

    Students are asked to select a specified research question to address in essay form (3,500 words maximum, including all footnotes, headings and quotations). The topics for the proposed research questions will be taken from throughout the course.

    The purpose of this research essay is to evaluate students’ ability to research and critically evaluate arguments and literature on the identified issues from throughout the course.

    Students’ research essays are required to:

    • be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling;
    • be structured in a logical and coherent manner;
    • refer to appropriate secondary sources, including a selection from beyond the prescribed readings for this course, in support of views and arguments;
    • have a clear and helpful introduction, which introduces the issues to be discussed, outlines the central question(s) to be examined, and foreshadows the structure of the essay;
    • place the issues to be addressed in a logical sequence;
    • place the greatest emphasis on the most significant issues (ie, spend more time on important issues than on matters less worthy of attention);
    • use headings and subheadings, if necessary, to improve the structure of the essay, and to signpost the essay to assist the reader; and
    • have a conclusion, in which the threads of the argument are drawn together, and an overarching conclusion is stated.
    Submission

    Word limits

    Students must adhere to the word limit for each assignment. Word limits include all words in the text, in headings, and in footnotes, but not in any separate bibliography appended to a research essay. 5% of the total mark possible will be deducted for every 10% (or part thereof) by which the assignment exceeds the word limit.

    Electronic submission

    All assessment items must be submitted electronically through MyUni, and may be checked for plagiarism. Students must retain a copy of all submitted assignments.

    Assignments must be written in prose style (using complete sentences), adhere to grammatical rules, and use correct spelling. All written work in the Adelaide Law School is required to comply with The Australian Guide to Legal Citation (4th ed), which is available at http://www.law.adelaide.edu.au/library/research/.

    Where an assignment is not submitted by the due date, 5% of the total mark possible will be deducted for every day (that is, a period of 24 hours commencing at the due time of submission) or part thereof that the assignment is late.

    Extensions for assessment

    Extensions may be granted on medical, compassionate or other special circumstances recognised under the University’s Modified Arrangements for Coursework Assessment Policy.

    The completed extension application webform and any documentation (such as a medical or counsellor's certification) should be submitted before the assessment due date. You will be notified of the result of your request.

    Course Grading

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

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    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.

  • 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.

    The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
  • 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.

    The centre offers 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.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

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

    Academic Integrity
    All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (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 Integrity 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.