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.

Relevant resources will be made available to students through MyUni/Canvas.

This course will be taught through:

• 12 x 2-hour weekly lectures; and
• 6 x 2-hour fortnightly seminars.

This course comprises a total of 24 hours of interactive online 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.

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 4	fixed-term employment contracts;
Topic 6	freedom of expression, social media and the work/life boundary;
Topic 7	the right to disconnect;
Topic 8	digital platform work and the gig economy;
Topic 9	women in the workplace: menstrual leave;
Topic 10	employment and public health; and
Topic 11	pursuing a career as an employment lawyer.

Assessment Task	Task Type	Weighting	Length	Due	Learning Outcomes
Research assignment	Individual, summative	35%	2,500 words	Thursday, 1 September 2022 at 2:00 pm (Week 6)	1-6
Research essay	Individual, summative	65%	5,000 words	Friday, 11 November 2022 at 2:00 pm (Semester 2 Exam Week)	1-6

Research assignment

Students are asked to respond to a request by the Federal Minister for Employment, Skills, Small and Family Business to prepare a research paper in response to a mock newspaper opinion article that raises an issue covered in Weeks 1 to 5 of the course.

Students are asked to select one of three opinion articles and to write a short research paper (2,500 words maximum, including all footnotes, headings and quotations), summarising the relevant employment law issues associated with the opinion article, and to share their views on whether they agree or disagree with the position(s) taken in the selected opinion article.

Students are required to present their research paper as a truly evidence-based evaluation of the ideas presented in their chosen opinion article. With this in mind, students must thoroughly support their argument by using secondary sources (ie, references to books, journal articles etc).

Research essay

Students are asked to select a specified research question to address in essay form (5,000 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:

(a) be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling;

(b) be structured in a logical and coherent manner;

(c) refer to appropriate secondary sources, including a selection from beyond the prescribed readings for this course, in support of views and arguments;

(d) 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;

(e) place the issues to be addressed in a logical sequence;

(f) place the greatest emphasis on the most significant issues (ie, spend more time on important issues than on matters less worthy of attention);

(g) use headings and subheadings, if necessary, to improve the structure of the essay, and to signpost the essay to assist the reader; and

(h) have a conclusion, in which the threads of the argument are drawn together, and an overarching conclusion is stated.

1. All assessment items must be submitted electronically through MyUni, and may be checked for plagiarism. Students must retain a copy of all submitted assignments.
2. Assignments must be written in prose style (using complete sentences), adhere to grammatical rules, and use correct spelling. All written work in the Law School is required to comply with The Australian Guide to Legal Citation, which is available at http://www.law.adelaide.edu.au/library/research/.
3. 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.
4. 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.
5. Extensions for assessment items may be granted in accordance with Law School policies, where there are compelling reasons for non-submission by the due date.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

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 Access Adelaide at the end of each semester.

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.

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.

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.