LAW 6508 - Employment and Industrial Relations Practice
North Terrace Campus - Semester 1 - 2014
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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 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 discussion boards. Course Staff
Course Coordinator: Maree Cutler-Naroba
In the first instance, students are to contact the GDLP Program Director, Maree Cutler-Naroba at maree.cutler-naroba@lawsocietysa.asn.au.
The GDLP Program Director will then contact the appropriate Course Supervisor if further clarification of the student query is needed.
Course Supervisor: Joseph Wearing
Course Timetable
The full timetable of all activities for this course can be accessed from .
LECTURES
For Employment Law there are 9 hours of lectures: the lectures are pre-recorded and available online.
There are NO face to face lectures.
SEMINARS
For Employment Law there are 9 hours of Seminars divided into the following blocks of time
All Seminars are compulsory
Students enrol in ONE seminar group ONLY
Employment Entitlement 2. 5 hours
Workers Compensation, Discrimination and Sexual Harassment 2.5 hours
Mock Conciliation Conference, 3 hours
In addition there are 6 hours of online activitie that are complimentary to the lectures and seminars. -
Learning Outcomes
Course Learning Outcomes
By the end of this course you should be able to:
1. identify, discuss, understand and resolve the relevant legal issues from a client’s instructions relating to employment entitlements, workers compensation, discrimination and sexual harassment;
2. understand the available remedies available to an employee, which are appropriate to their circumstances, and the conditions of making a claim;
3. use independent research skills to locate and complete the necessary forms to initiate a claim; and
4. complete the required steps to initiate and manage claims for wage underpayment, unfair dismissal, general protections breaches, workers compensation, discrimination.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 4 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1 to 4 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1 to 4 Skills of a high order in interpersonal understanding, teamwork and communication. 1 A proficiency in the appropriate use of contemporary technologies. 3 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1 to 4 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1,4 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1,4 -
Learning Resources
Required Resources
Seminar resources are available on MyUni ONLY. Please NOTE there will be no hard copy of seminar resources printed. Students must bring along an electronic device to seminars so that they can access seminar materials. Reading resources are also available on MyUni, along with supplementary non-assessed online quizzes and activities to enhance your learning.
Workers compensationDiscrimination
Employment entitlements
Termination of employment
Recommended Resources
Note: all of the resources below are provided to students ONLINE.
Due to the emphasis on the currency of legal practice, other materials may be added after the course outline has been posted.
Details of supplementary readings and resources will be posted online under the Content section of Employment and Industrial Relations Practice.
1. Texts
The Law of Work, 2nd Edition, Rosemary Owens, Joellen Riley, Jill Murray, Oxford University Press, Melbourne 2011
Stewart's Guide to Employment Law, 3rd ed, Andrew Stewart, Federation Press, Sydney, 2011
Labour Law, 5th ed, Andrew Stewart and Breen Creighton, Federation Press, Sydney, 2010
2. Recent decisions
Implied terms of employment contract
- Barker v Commonwealth Bank of Australia [2012] FCA 942 (3 September 2012)
Contractor / employee
- ACE Insurance Limited v Trifunovski [2013] FCAFC 3 (25 January 2013)
- On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) [2011] FCA 366
Sham contracting
- FWO v Contracting Solutions Australia Pty Ltd [2013] FCA 7 (15 January 2013)
Casual / permanent
- Williams v MacMahon Mining Services Pty Ltd [2010] FCA 1321
- Harrison v Home Support Services Pty Ltd [2012] SAIRC 50 (15 November 2012)
3. Law Society CPD papers
- Employees and contractors – Addressing the Current State of Confusion, Brian Austin
- Employee or subcontractor, Ben Duggan, March 2005
- Employee or contractor? Getting it right, David Ey, November 2012
- New minimum standards, Michael Evans QC, June 2009
- Impact of modern awards on the contract of employment, Elizabeth Perry, Aug 2010
- New provisions regarding paid parental leave and Salaried Lawyers Award, Elizabeth Perry, June 2011
- The impact of the NES on flexibilities available under contracts of employment, Tim Bourne, August 2010
- Post-employment restraints, Justice Tim Stanley, Nov 2012
- Hot Bed of Contention: Sexual harassment, workplace bullying and liability, Geraldine Hannon
- Workplace rights: A new range of "general protections", Harry J Dixon SC, June 2009
- Unfair dismissal, Rick Manuel, September 2012
- The nuts and bolts of running a workers compensation file, Cathy Parsonage, Mar 2007
- Recent changes to the SA WorkCover Scheme, Cathy Parsonage, Oct 2009
- Assessments and applications at the end of the third entitlement period with respect to weekly payments, Tony Rossi, November 2012
4. Other resources Guide to SA Workers Compensation Law, David Kidd
- Guide to Cth & SA Industrial & OHS Law, David Kidd
- David Kidd’s website:
Online Learning
All course materials are provided on My Uni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are expected to check MyUni frequently over the time of the course, to keep up to date with these materials and additional learning resources. -
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 with prior reading of material and draft responses to the seminar questions. Students must arrive on time for the seminars. If students have not prepared seminar responses and/or have arrived more than 10 minutes late they will be asked to leave the seminar group and enrol in another seminar group.
A reminder that students MUST bring along an electronic device to the seminars so that they can access the seminar material electronically.
Attendance is necessary to ensure that students are part of an interactive and reflective learning environment (which enhances learning outcomes of the substantial material covered) and develop their skills of oral presentation, teamwork and persuasion (valuable communication skills in professional environments).
Preparation for seminars is an essential element of this course. The necessary interactive learning environment in a seminar cannot be achieved without informed participation from all students. Further, by working in small groups within seminars to answer some questions, students develop skills of teamwork. Moreover, active participation in seminar discussions requires students to develop their skills of oral presentation, and their abilities to persuade others through the use of reasoned argument.
Students who, due to disability, compelling medical or compassionate reasons, or in exceptional circumstances, are unable to attend the required number of seminars, may complete alternative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar missed and will be negotiated with the GDLP Program Director. Students should inform the GDLP Program Director at the earliest opportunity if they will require this permission.
For these reasons seminar attendance is compulsory and active participation is required.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
There will be 9 hours of online lectures and 9 hours of face to face seminars during the course plus 6 hours of online activities.
Employment Law is a 2 week ELECTIVE intensive course.
In addition to the lectures and seminars, we recommend that you spend 8 hours per week in private study which includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks.Learning Activities Summary
Topic 1: Employment Entitlement
Lecture 1: 3 hours
Seminar 1: 3 hours
Assessment: Case Analysis on Employment Entitlement 30%
Topic 2: Workers Compensation and Discrimination
Lecture 2: 2 hours
Workers Compensation
Lecture 3: 1 hour
Discrimination
Seminar 2: 3 hours
Application of Workers Compensation and Discrimination
Assessment: Discrimination Short Answer Questions 10%
Assessment: Workers Compensation Scenarios 30%
Topic 3: Mock Conciliation Conference
Lecture 4: 3 hours
Preparing and planning for a Conciliation Conference
Seminar 3: 3 hours
Mock Conciliation Conference
Assessment: Preparation and Participation Mock Conciliation Conference 30%
Plus 6 hours of online activities to complement the lectures and seminars.Specific Course Requirements
The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are required to demonstrate competence in these standards. Consequently, compulsory attendance and active participation in seminars is required. -
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
Topic 1: Employment Entitlement
Assessment:
Case Analysis on Employment Entitlement 30%
Available: 19/5/14
Deadline: 26/5/14
Learning Objectives: 1 and 2
Topic 2: Workers Compensation and Discrimination
Assessment:
Discrimination Short Answer Questions 10%
Available: 21/5/14
Deadline: 28/5/14
Learning Objectives: 1,2,3
Assessment:
Workers Compensation Scenarios 30%
Available: 23/5/14
Deadline: 30/5/14
Learning Objectives: 1,2,3
Topic 3: Mock Conciliation Conference
Assessment:
Preparation and Participation Mock Conciliation Conference 30%
Available: 12/5/14
Deadline: At the Mock Conciliation Conference
Day group: Friday 16/5/14
Weekend group: Saturday 17/5/14
Evening group: Wednesday 21/5/14
Learning Objectives: 1 to 4
Note: All assessments are individual assessments and are redeemable EXCEPT for the Participation mark within the Mock Conciliation Conference.Assessment Related Requirements
Attendance and satisfactory participation in seminars is compulsory.Assessment Detail
Unless otherwise stated, there is no prescribed word limit for assessments.
This is because the purpose of the GDLP is to transition you from academic study into professional employment. In a workplace it is highly unlikely you are going to be told 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.
Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors 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 Director through a Course Announcement.
The marked and scanned copy of assessments will be returned via email.Submission
SUBMISSION
Students must retain a copy of all assignments submitted.
All failed assignments, per University policy, are double-marked before the result is released back to the student. The first and second markers then discuss what the final result will be.
If a student still fails after the double marking process, they have to revise and resubmit the assignment to a pass standard. The maximum mark a student can receive is 50%.
Late submission penalty
Any assignment submitted after the due date without an approved extension will receive a penalty of 5% for every 24 hours of lateness.
Approved extensions are through the GDLP Program Director.
Extensions on medical or compassionate grounds will be in accordance with University Policy.
Late assessments are to be submitted to gldpassessment@lawsocietysa.asn.au
If a student receives a mark between 50 to 55%, but subsequently fails due to late penalties then 50% is the maximum mark they will receive. BUT, in addition, the student will be asked to revise and resubmit a task from the assessment, at the discretion of the GDLP Program Director.
If a student receives a mark of 56% or above, but subsequently fails due to late penalties, then 50% is the maximum mark they can receive. There is not an opportunity to resubmit this assignment.
For example if a student gets 64% and has a late penalty of 20%, giving a result of 44%. This student would get 50% for the assessment and will not be able to resubmit this assignment.
RESUBMISSION
All the assessments for this course are redeemable. This means, if you fail the assessment due to the quality of the work (not because of late penalties) then you are able to revise and resubmit the assessment. You have 7 days from the time you are informed by email from the LSSA GDLP Office to resubmit your assessment.
The parts of the assessment you are to resubmit are the parts that you received less than 50% on. You only have ONE opportunity to revise and resubmit your assessment. An alternative task will be set for the non-redeemable assessment.
When your assessment is resubmitted it is marked according to the marking rubric. Your result, for example maybe 64% BUT the most you can receive for a revised and resubmitted assessment is 50%.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 .
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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
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
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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
- 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
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