Outline

Overview

This unit examines key aspects of employment law principles and practice and their application in contemporary employment litigation and advocacy. Central to the practice of an employment lawyer whether in-house or as a solicitor or as an Human Resources practitioner or industrial officer is understanding what is required of an advocate (so as to be able to give meaningful instructions) and being able to act (where required) as advocate. This unit, by practical application, gives students the unique opportunity to apply substantive legal principles underpinning the employment relationship by participation in a series of moots, undertaking cross-examination and making closing submissions. The context for these exercises will comprise common employment disputes that arise in modern workplaces including the characterisation of the relationship for gig-economy workers, serious misconduct, unfair dismissal, adverse action, sexual harassment, and liability for conduct outside of work, including by way of social media activity. The unit’s practical focus also extends to drafting pleadings, leading evidence, understanding remedies and choice of forum options as well as settlement obligations. 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. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Director. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code	LAWS6937
Academic unit	Law
Credit points	6
Prohibitions ?	None
Prerequisites ?	None
Corequisites ?	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	Shae McCrystal, shae.mccrystal@sydney.edu.au
Lecturer(s)	Elizabeth Raper, elizabeth.raper@sydney.edu.au
	Catherine Bembrick, catherine.bembrick@sydney.edu.au
	Dan Fuller, daniel.fuller@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Structured Class participation (10%) Participation	10%	Ongoing	Ongoing
Outcomes assessed:
Skills-based evaluation	Mooting exercise (20%) Presentation of one mooting topic and participation in a mock trial	20%	Ongoing	Ongoing
Outcomes assessed:
Small test	Quiz 1: Short Answer questions (10%) Quiz	10%	Week 01 Due date: 13 Apr 2024 at 15:30	30 minutes
Outcomes assessed:
Small test	Quiz 2: Short Answer questions (10%) Quiz	10%	Week 04 Due date: 04 May 2024 at 15:30	30 minutes
Outcomes assessed:
Short release assignment	Assignment (short-release) (50%) One problem question and one essay question	50%	Week 08 Due date: 27 May 2024 at 08:00 Closing date: 10 Jun 2024	2500 words / 72 hours
Outcomes assessed:

Assessment summary

Important note: This is an in-person unit, directed to advocacy skills. The class-participation component of a student’s mark is significant. Quizzes will be conducted in person during class. Students must therefore be prepared to attend all sessions in person.

Class participation (10%): Class participation mark will be determined on active participation in class discussions demonstrating an understanding of the reading materials. The classes will be in forum style – lecturers asking questions and seeking a response. Individual students may also be called upon to address certain questions as we go through the materials.

Mooting exercise (20%): At the introductory class students will be allocated a mooting topic, which they should prepare in advance of the relevant session, using the reading materials identified. Students will be:

allocated one mooting topic from the unit outline at the introductory lecture. They will be required to present on that topic. The unit outline explains what the moot is e.g. “you represent client x, explain what jurisdiction client x should commence proceedings in”. Students will also be asked to participate in a mock trial and will be allocated a particular witness.

Quizzes: Short Answer questions (20%): Students will be required to complete two in-class quizzes. These are short answer questions (essay style e.g. “explain the principles of construction related to x”) – five questions in total per quiz. Quiz 1 (10%) at 3:30pm (Sydney, Australia time) on 13 April 2024 and Quiz 2 (10%) at 3:30pm (Sydney, Australia time) on 4 May 2024 – on the topics covered up to that date. The duration of each quiz will be 30 minutes. The format of the in-class quiz will be determined by the unit coordinator.

A grant of special consideration for one quiz will lead to the second quiz being weighted at 20%. A grant of special consideration for both quizzes will lead to the short-release assignment (50%) being reweighted.

Assignment (short-release) (50%): The assignment is worth 50%, and will consist of two questions (one problem question and one essay question) of 1500 words each (3000 words in total), including references. The assignment question/s will be released on Canvas site at 8:00am (Sydney, Australia time) on 24 May 2024. The assignment will be due at 8:00am (Sydney, Australia time) on 27 May 2024.

Word limit 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. The total word count for essay and other written assessments will include all footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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. For example, a submission after due time but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. Late penalties do not apply to exams and tests and any late submission will not be accepted.

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.

Learning support

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week -01	1. Introduction class	Independent study (2 hr)
Week 01	1. Characterisation of employment, express terms and restraints; 2. Mooting exercise; 3. Implied terms; 4. Serious misconduct and the employee’s obligations of loyalty Mooting exercise.	Seminar (6 hr)
Week 01	1. Unfair dismissal, and adverse action and Mooting exercise; 2. Discrimination and sexual harassment; 3. Drafting pleadings and leading evidence and Pleading exercise; 4. Review and short test.	Seminar (6 hr)
Week 04	1. Employers’ vicarious liability for conduct outside work and the employer’s right to sanction employees for conduct outside work and Mooting exercise; 2. Examination in Chief and cross-Examination – the crash course; 3. Choice of Forum – adverse action / unfair dismissals/ discrimination, Fair Work Commission/ Federal Circuit and Family Court and Federal Court and Advice Exercise; 4. Termination remedies – damages, specific performance and injunctions.	Seminar (6 hr)
Week 04	1. Remedies and statutory reinstatement and Mooting exercise; 2. Dispute resolution – settlement and deeds of release and Mock mediation exercise; 3. Advocacy tips; 4. Review and short test.	Seminar (6 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from submitting 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.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4

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 site under 'Reading List'.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. analyse and apply principles of contract law to interpret express terms and imply terms in employment contracts under varying circumstances.
LO2. distinguish between casual and permanent employment using established legal tests and principles.
LO3. critique the evolution and current debates surrounding implied employer obligations of good faith or reasonableness.
LO4. identify instances of repudiatory breach in employment contracts and evaluate their implications.
LO5. integrate knowledge of trade practices law with individual employment disputes, and assess employer liability for employee misconduct, including conduct outside work and on social media.
LO6. construct and present oral arguments, lead evidence from witnesses, cross-examine witnesses, and assess various avenues for relief in employment disputes, choosing appropriate forums considering jurisdictional limits, relief options, and potential damages.

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
Learning outcomes

Responding to student feedback

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6937: Employment Law Advocacy

Semester 1b, 2024 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect