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Unit of study_

LAWS6937: Employment Law Advocacy

Intensive May, 2021 [Block mode] - Remote

This unit examines key aspects of employment law principles and practice and their application in employment litigation and advocacy. This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB or JD degree and focuses specifically on the principles of employment law within a litigation context.

Unit details and rules

Unit code LAWS6937
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
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None
Corequisites
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None
Assumed knowledge
? 

Available to law graduates only. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator.

Available to study abroad and exchange students

No

Teaching staff

Coordinator Belinda Smith, belinda.smith@sydney.edu.au
Lecturer(s) David Chin, david.chin@sydney.edu.au
Elizabeth Raper, elizabeth.raper@sydney.edu.au
Type Description Weight Due Length
Participation Class participation
Participation
40% Multiple weeks n/a
Outcomes assessed: LO1 LO12 LO11 LO10 LO9 LO8 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Submission & drafting exercise
One set of submissions (2500 words; 20%) and one drafting exercise (20%)
40% STUVAC
Due date: 11 Jun 2021 at 16:00
2500 words for submissions;
Outcomes assessed: LO1 LO3 LO4 LO5 LO7 LO8 LO10
In-semester test (Take-home short release) Type D in-semester exam Short test I
Open book (short release) test
10% Week 08
Due date: 01 May 2021 at 16:30
30 minutes
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10 LO12
In-semester test (Take-home short release) Type D in-semester exam Short test II
Open book (short release) test
10% Week 11
Due date: 22 May 2021 at 16:30
30 minutes
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10 LO12
Type D in-semester exam = Type D in-semester exam ?
Type D in-semester exam = Type D in-semester exam ?

Assessment summary

  • Class participation: Class participation mark will be determined on the basis of attendance and active participation in seminars, and preparation and participation in the case presentations and moot sessions. Some students will do moots, some will cross-examine, some will prepare and deliver oral submissions or a combination of one of the forementioned and case studies. As to what the students will do will depend on their allocations determined at the compulsory introductory lecture.  
  • In-semester tests: The take-home short release tests will be for 30 mins each and will cover all starred reading material and the additional material in class.
  • Submission and drafting exercise: having been provided with a brief, students are required to draft a final written court submission (2500 words) and draft a statement of claim.

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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

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

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.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

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
Ongoing Course Introduction Seminar (2 hr)  
1. Express terms; 2. Express terms: Mooting exercise; 3. Implied terms; 4. Employee loyalty and serious misconduct Seminar (6 hr) LO1 LO2 LO4 LO11
1. Duty of good faith; 2. Duty of good faith: mooting exercise; 3. Trade practices legislation and drafting pleadings; 4. Review Seminar (6 hr) LO3 LO5 LO10 LO11
1. Employers’ vicarious liability for employee conduct; 2. Examination in Chief and Cross-Examination – the crash course; 3. Choice of Forum- Employment/ discrimination claims; 4. Termination remedies – specific performance and injunctions; 5. Advocacy before the Duty-Judge/ Registrar Seminar (6 hr) LO1 LO5 LO6 LO7 LO8 LO9 LO10 LO11 LO12
1. Statutory reinstatement; 2. Dispute Resolution – settlements, deeds of release; 3. Advocacy Tips; 4. Review Seminar (6 hr) LO8 LO9 LO10 LO11 LO12

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof, over the limit. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guide: The style guide for referencing sources is the most recent version of the Australian Guide to Legal Citation (4th edition, 2018).

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

Required readings are 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. apply the principles of contract law underpinning the interpretation of express terms in an employment contracts, and the different circumstances in which terms may be implied into contracts of employment
  • LO2. apply the test for distinguishing between casual and permanent employment
  • LO3. understand the origins of, and the contemporary controversy surrounding implied obligations on an employer to behave in good faith or reasonably
  • LO4. recognise circumstances constituting a repudiatory breach of an employment contract
  • LO5. be familiar with the interaction between trade practices law and individual employment disputes
  • LO6. be able to discern circumstances where an employer will be vicariously liable for employee misconduct
  • LO7. understand when an employee may be the subject of sanction for conduct outside work and/or by reason of activity on social media
  • LO8. demonstrate knowledge of the various avenues for relief in employment disputes and be able to make an informed assessment of the appropriate forum including considerations of jurisdictional limits, relief options and potential damages
  • LO9. evince an understanding of the litigator’s obligations at settlement
  • LO10. understand the function and nature of pleadings in employment litigation
  • LO11. make oral submissions or arguments relating to employment law principles
  • LO12. understand about how to lead evidence from witnesses and cross-examine witnesses.

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 significant 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.