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Unit of study_

CLAW3207: Legal Regulation of Employment

Semester 2, 2020 [Normal day] - Camperdown/Darlington, Sydney

The regulation of employment affects every business enterprise. Compliance with the laws impacting on employment is a vital component of business management. The aim of this unit is to introduce students to the legal and regulatory frameworks that underlie all employment practices (employee management, treatment and performance, as well as hiring and dismissals). The unit is designed to develop students' awareness of regulatory compliance issues that arise from employment practices and is taught in the context of the challenges faced by modern businesses in managing employees. The unit focuses on key areas of substantive employment regulation including Anti-Discrimination Law, termination of employment, freedom of association, and employment privacy. Discussion topics include: indirect discrimination, workplace harassment (including sexual harassment), bullying, and unfair dismissal; as well as various sports and entertainment case-studies. International employment law standards, public sector employment, and employment ethics are also addressed.

Unit details and rules

Unit code CLAW3207
Academic unit
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
Completion of at least 24 credit points of study including CLAW1001 or CLAW2214
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Giuseppe Carabetta, giuseppe.carabetta@sydney.edu.au
Type Description Weight Due Length
Final exam (Open book) Type C final exam Final exam
2,000 words max (1,000 per question)
40% Formal exam period 2 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Presentation group assignment Discussion forum
Presentation & Written task
20% Multiple weeks 50 minute (max) presentation
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Research paper
Written task
30% Week 09
Due date: 30 Oct 2020 at 18:00
1500 words max
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Participation Participation and engagement
Participation
10% Weekly n/a
Outcomes assessed: LO1 LO7 LO5 LO3 LO2
group assignment = group assignment ?
Type C final exam = Type C final exam ?

Assessment summary

  • Participation and engagement: Students are expected to attend all discussion forums but marks are not awarded for mere attendance. Students are expected to prepare for each forum and to be ready and willing to engage in discussion by, for example, answering questions put to the group or providing examples for a point under discussion. It is expected that students make positive contributions to the learning experience and respect the views of all students including students from diverse cultural and other backgrounds. 
  • Discussion forum: Each discussion forum will be led by up to four students in a randomly selected group. Each group will be assigned one or more pieces of reading material and will address a series of questions. Students will be given a reasonable amount of time to prepare for these forums. Students will be required to submit a written summary of the results of their research and answers to the questions two days before the presentation as a group. Full details, including the discussion forum schedule, will be provided on Canvas.
  • Research paper: Students must locate a current issues item relating to one of the seminar topics and write a research paper on the topic. The paper should give a detailed account of the reported dispute or events and include a clear explanation as to how the issues it raises relate to topics discussed in seminars. The paper should give an outline of the relevant facts and students’ view as to how the law applies to the facts as reported. Further details, including the assessment criteria, will be provided on Canvas.
  • Final exam: In this exam students will be required to answer two questions designed to examine understanding and reflection based on wide reading, not mere regurgitation of material. Students will evaluate or analyse rather than merely describe. All questions will take the form of essay-style questions. Full details, including the assessment criteria, will be provided on Canvas.

Detailed information for each assessment can be found on Canvas. If you have any questions about the assessments, please do not hesitate to let me know. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

Awarded when you demonstrate the learning outcomes for the unit at an exceptional standard, as defined by grade descriptors or exemplars outlined by your faculty or school. 

Distinction

75 - 84

Awarded when you demonstrate the learning outcomes for the unit at a very high standard, as defined by grade descriptors or exemplars outlined by your faculty or school.

Credit

65 - 74

Awarded when you demonstrate the learning outcomes for the unit at a good standard, as defined by grade descriptors or exemplars outlined by your faculty or school.

Pass

50 - 64

Awarded when you demonstrate the learning outcomes for the unit at an acceptable standard, as defined by grade descriptors or exemplars outlined by your faculty or school. 

Fail

0 - 49

When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see sydney.edu.au/students/guide-to-grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction; A Business law perspective of employment regulation Seminar (3 hr) LO4 LO5 LO6 LO7
Week 02 Legal categorisation of employment relationships: employees vs contractors Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 03 Sources of employment regulation Seminar (2 hr) LO1 LO4 LO5 LO6 LO7
Week 04 The application of international employment law standards Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 05 The application of anti-discrimination laws Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 06 The application of wrongful & unfair dismissal laws Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 07 The application of privacy laws Lecture (3 hr) LO1 LO4 LO5 LO6 LO7
Week 08 The application of freedom of association laws Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 10 The application of contract law Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 11 The application of torts law Seminar (3 hr) LO1 LO4 LO5 LO6 LO7
Week 12 The role of equitable doctrines Seminar (3 hr) LO1 LO4 LO5 LO6 LO7

Attendance and class requirements

Details on required readings, including required readings for the Student Discussion Forums are provided in the Topic and Reading guide – See Canvas. All discussion forum readings, are available via the Library E-Reserve on Canvas. All material covered in the readings complements the classes/seminars and seminar topics.

Any additional seminar materials, class discussion questions and/or additional readings for each topic will be provided via Canvas.

Interactive seminar slides containing questions & gaps that you fill in during seminars as a result of the seminar discussions, will also be provided.

Vodcasts are used in this unit for additional guidance.

Canvas provides the online learning support for this unit. You should ensure you have access to this facility early in the semester and should check it regularly for course announcements and documents – though, again, please note that Canvas is not a substitute for classes/seminars or seminar content.

An online discussion forum will be available for the major assignment on the Canvas site. This can be used to clarify questions relating to the assignments.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The prescribed text for is:

  • A. Stewart et al, Creighton and Stewart's Labour Law, 6th Ed, The Federation Press, 2016.

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. identify and analyse legal and compliance issues about employment regulation law arising from given fact situations and real-world context
  • LO2. resolve problems by applying the relevant law, evaluating the possible solutions and developing arguments to support their conclusions
  • LO3. Locate and select relevant sources using libraries, the web and other online research facilities.
  • LO4. manage, analyse, evaluate and use legal material and information
  • LO5. communicate about the law, orally and in writing, to a professional standard
  • LO6. appreciate the ethical and professional dimensions of their conduct beyond the classroom
  • LO7. work with people from diverse backgrounds with inclusiveness, open-mindedness and integrity and manage the dynamics of working within a group environment.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.