Law of Employment

Overview

This unit enables students to gain an understanding of the legal framework in which the employment relationship operates from the perspective of employers and employees. Detailed attention will be given to contracts of employment, Awards, the National Employment Standards and Workplace Agreements. The unit also explores discrimination at work, workplace safety, and entitlements such as long service leave and superannuation.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Demonstrate a sound knowledge of how employment law is made, whom it affects, what duties are imposed and how those duties can be enforced
2. Explain the law that relates to the common law contract of employment and the legislative impact of modern awards and enterprise agreements
3. Explain the responsibilities of employers and employees with respect to workplace rights and responsibilities

Teaching methods

Hawthorn

Swinburne Online

Assessment

Content

• An introduction to the Australian legal system and the law of employment
• The coverage and development of Employment laws in Australia
• Types of employment and how that compares to an independent contract arrangement
• Special types of employment
• How an employment relationship is created and the terms of employment contracts including employee and employer duties, rights and obligations
• The relevance of Modern Awards, the National Employment Standards (NES) Workplace Agreements
• Dispute resolution and enforcement of employment conditions
• Remuneration, working hours and leave
• Discrimination and victimisation in the workplace
• Workplace safety issues
• Termination of employment contracts and remedies for wrongful, unfair and unlawful termination of employment
• A brief introduction to industrial action