| Credit |
6 points |
| Availability |
summer teaching period |
| Outcomes |
Students have a sound understanding of, and a capacity to appropriately apply, the major legal rules and principles (under the common law and relevant state and federal statutes) which govern (1) the categorisation/classification of different forms of work relationships; (2) the legal rights and responsibilities of employers and employees; (3) the lawful termination (at common law) of the contract of employment; (4) the principal remedies available to employees who have been wrongfully dismissed (at common law); (5) the statutory actions and forms of relief available to employees whose employment has been terminated unfairly or unjustly; (6) the statutory actions and forms of relief available to employees whose employment has been terminated unlawfully; (7) the enforceability of post employment restraints and their relationship to the law concerning restraint of trade; and (8) the actions and forms of relief available to employees who have suffered unlawful discrimination in or in connection with their employment. |
| Content |
This unit involves an examination of the individual employment relationship between employer and employee. Among the topics given special attention are the contract of employment and its importance at common law and under statute; rights and duties of the respective parties; remedies for breach; unfair and unlawful termination of employment at common law and under state and federal statutes; selected aspects of the systems of industrial dispute resolution and regulation under Commonwealth and state legislation including, in particular, awards, collective agreements and individual agreements. |
| Assessment |
This comprises an essay and a final examination.
Supplementary assessment is not available in this unit. |
| Unit Co-ordinator(s) |
Winthrop Professor William Ford and Associate Professor Antonio Buti |
| Location |
UWA (Crawley) |
| Mode |
on-campus |
| Unit Rules |
Contact hours—lectures: 2–3 hrs per week
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| Unit web page |
http://www.law.uwa.edu.au/117285
[Some unit web pages are still under construction and will be available in 2010.]
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Introductory
texts |
Stewart, A. Stewart’s Guide to Employment Law: Federation Press 2008
Collins, H. Employment Law: OUP 2003
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Recommended
reference works |
Sappideen, C et al. Macken’s Law of Employment, 6th edn: Lawbook Co. 2008
Owens, R. and Riley, J. The Law of Work: OUP 2006
Owens, R. and Riley, J. Employee Protection at Common Law: Federation Press 2005
Creighton, W. B. and Stewart, A. Labour Law: an Introduction, 4th edn: Federation Press 2004
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Additional
resources and
reading material |
Freedland, M. The Personal Employment Contract: OUP 2003
Pittard, M. J. and Naughton, R. B. Australian Labour Law, 4th edn: LexisNexis Butterworths 2003
Cases, articles and other monographs as referred to during the unit.
Statutes as referred to during the unit (including Industrial Relations Act 1979 (WA) (‘IRA 1979’), Minimum Conditions of Employment Act 1993 (WA) ('MCE 1993'), Workplace Relations Act 1996 (Cwlth) ('WRA 1996') and the Fair Work Bill 2008 (Cwlth).
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- The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
- Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studentservices.uwa.edu.au/ss/learning). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.
- Books and other materials wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.
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