LAW 6508 - Employment and Industrial Relations Practice

North Terrace Campus - Trimester 3 - 2020

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.

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Course Details

Course Code	LAW 6508
Course	Employment and Industrial Relations Practice
Coordinating Unit	Adelaide Law School
Term	Trimester 3
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	N
Restrictions	Available to GDLP students only. Not available for Study Abroad & Exchange.
Assessment	Assessment in this course will include the following: Short answer questions, letter of advice and attendance at a mock conciliation conference.

Course Staff

Course Coordinator: Desiree Holland

Course supervisor-Simon Bourne

Adelaide Law School Liaison Academic- Prof Andrew Stewart

Course Timetable

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

Seminar 1 - Short Answer questions, unfair dismissals and general protections

Seminar 2 - Monetary claims and conciliation conference

Seminar 3 - Mock conciliation conference Tribunal

Course Learning Outcomes

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

1	Apply appropriate knowledge to employment and industrial relations case studies.
2	Determine appropriate course of action to achieve desired objectives.
3	Collaboratively and individually research, analyse and evaluate information from a wide variety of sources.
4	Assess client requirements and propose coherent feasible solutions.
5	Demonstrate ability to collaborate within a diverse group of people.
6	Reflect on their abilities to effectively work within the 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)
Deep discipline knowledge informed and infused by cutting edge research, scaffolded throughout their program of studies acquired from personal interaction with research active educators, from year 1 accredited or validated against national or international standards (for relevant programs)	1
Critical thinking and problem solving steeped in research methods and rigor based on empirical evidence and the scientific approach to knowledge development demonstrated through appropriate and relevant assessment	2
Teamwork and communication skills developed from, with, and via the SGDE honed through assessment and practice throughout the program of studies encouraged and valued in all aspects of learning	3
Career and leadership readiness technology savvy professional and, where relevant, fully accredited forward thinking and well informed tested and validated by work based experiences	4
Intercultural and ethical competency adept at operating in other cultures comfortable with different nationalities and social contexts able to determine and contribute to desirable social outcomes demonstrated by study abroad or with an understanding of indigenous knowledges	5
Self-awareness and emotional intelligence a capacity for self-reflection and a willingness to engage in self-appraisal open to objective and constructive feedback from supervisors and peers able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate	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 daily 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 daily 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 daily to keep up to date.

Students should check daily their 成人大片 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.

A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically.

Attendance is strongly advised, as assesments are linked to seminar content.

Workload

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

Contact time
This course will be taught intensively. For those attending classes on either weekdays or weekends, 3 full days of seminars will be scheduled. For those attending evening classes an equivalent number of attendance hours will be required.

Preparation time
In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assessments.

The University expects students to devote in excess of 15 hours per week to their studies, these hours are in addition to preparing for workshops, attendance at workshops and completing assessments.

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
A detailed seminar schedule will be posted to MyUni prior to the course commencing.

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) 2018 which specifies the expected competency standards for entry level lawyers at the point of admission.

In this course, the following elements of the National Competency Standards for Entry Level Lawyers are embedded:
- Ethics and professional responsibility
- Lawyers skills
- Problem solving
- Work management and business skills
Students are required to demonstrate, where appropriate, the following:
- Punctuality
- Workload management and ability to adhere to deadlines
- Active engagement in practical activities
- Respectful behaviour towards others
- A high level of confidentiality at all times
- Satisfactory completion of prescribed exercises
For further information please contact the LSSA program manager (GDLP)

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

Assessment item	Dates	Individual or Group Activity?	Learning Outcomes	Redeemable	Lenght	Weighting
Task 1 Pre attendance questions	1 day prior to course commencing	Individual	1-5	no	Check MyUni closer to the course start	n/a
Task 2 Letter of advice	TBC	Individual	1-5	no	Check MyUni closer to the course start	n/a
Task 3 Short answer questions employment relationship	TBC	Individual	1-5	no	Check MyUni closer to the course start	n/a
Task 4 Short answer questions discrimination and workers compensation	TBC	Individual	1-5	no	Check MyUni closer to the course start	n/a
Task 5 Attendance at Tribunal conference	TBC	Group	1-5	no	n/a	n/a

Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

All assessments are competency based (non-graded pass). Competence must be demonstrated in ALL assessment tasks and activities. MyUni requires a numerical value to display that competency has been demonstrated. Please note:

1 – Competency has been achieved (non-graded pass)
0 = Competency has not yet been achieved

Assessment Related Requirements

Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

Assessments guidelines will be provided for each assessment task. Unless otherwise stated, there will be no prescribed word limit for assessments. This is because the purpose of the GDLP program 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.

All assessments are competency based (non-graded pass). Competence must be demonstrated in all assessment tasks and activities. MyUni requires a numerical value to display that competency has been demonstrated. Please note:

1 – Competency has been achieved (non-graded pass)
0 = Competency has not yet been achieved (re-submission required).

Seminar Attendance

Attendance at all seminars is strongly advised. Missing seminars will put you at a severe disadvantage in completing the requirements of the course. In most cases, assessment tasks are strongly linked to seminars activities with some assessments occurring during seminars.

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.

Submission

Students must retain a copy of all assignments submitted.

All assignments in this course are to be submitted electronically through Turnitin. Submissions to Turnitin are to be in Microsoft Word format (NOT in pdf)’.

Students work 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 not-competent. If the assessment is deemed not-competent students may be offered the opportunity to revise and resubmit the assessment. In most cases only the parts of the assessment that do not demonstrate competency will be required to be resubmitted. Only ONE opportunity is provided for resubmission.

A supplementary teaching day may be offered to students who on their initial submission have failed to demonstrate competency. Students who will be allowed to resubmit may attend this day, though it is not compulsory to do so. Resubmission of the assessment will be allowed after this additional teaching day. If a student is unable to demonstrate competency after this resubmission then they will need undertake the course again and pay additional fees. Please note that all final fails are double marked before the results are released to students.

Extensions

Requests for extensions must be made electronically via GDLP Enquiries GDLPEnquiries@lawsocietysa.asn.au Students MUST apply for an extension prior to the deadline. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission

Assignments submitted late will not be marked.

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 .

Course Grades:

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.

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 feedback 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 provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

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 , 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 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 Honesty
Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. 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鈥檚 disciplinary procedures.

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

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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