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. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	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)	Catherine Bembrick, catherine.bembrick@sydney.edu.au
Lecturer(s)	Dan Fuller, daniel.fuller@sydney.edu.au

Assessment

The census date for this unit availability is 2 October 2026

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Out-of-class quiz	Early Feedback Task (0%) Online quiz	0%	Mid-semester break Due date: 18 Sep 2026 at 23:59	5 multiple-choice questions	AI allowed
Outcomes assessed:
Contribution	Structured Class participation (10%) Participation	10%	Ongoing	Ongoing	AI allowed
Outcomes assessed:
Debate	Mooting exercise (20%) Presentation of one mooting topic and participation in a mock trial	20%	Ongoing	Ongoing	AI allowed
Outcomes assessed:
In-class quiz	Quiz 1: Short Answer questions (10%) Quiz	10%	Week 02 Due date: 26 Sep 2026 at 15:30	30 minutes	AI allowed
Outcomes assessed:
In-class quiz	Quiz 2: Short Answer questions (10%) Quiz	10%	Week 04 Due date: 17 Oct 2026 at 15:30	30 minutes	AI allowed
Outcomes assessed:
Written work	Short-release Assignment (50%) One problem question and one essay question	50%	Week 05 Due date: 25 Oct 2026 at 23:59 Closing date: 30 Oct 2026	3000 words / 4 days	AI allowed
Outcomes assessed:
= early feedback task ?

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.

Early Feedback Task (0%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The Early Feedback Task in this unit is an online multiple-choice quiz. The task will be available on Canvas from 5:00pm on 15 September to 11:59pm (Sydney Australia time) on 18 September 2026. Students will be provided with immediate automated feedback upon completion of the task.

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. 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 26 September 2026 and Quiz 2 (10%) at 3:30pm (Sydney, Australia time) on 17 October 2026 – 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 weighed 20%. A grant of special consideration for both quizzes will lead to an alternative assessment.

Short-release assignment (50%): The assignment 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 9:00am on 21 October 2026 and due at 11:59pm (Sydney, Australia time) on 25 October 2026.

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), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

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

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. As the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.

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 guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

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 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. 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	Introduction class	Seminar (2 hr)
Week 02	1. The employment contract; express and implied terms. 2. Restraints of trade. 3. Drafting pleadings. 4. Mooting exercises.	Seminar (6 hr)
Week 02	1. Unfair dismissal, and adverse action. 2. Choice of forum. 3. Interlocutory applications. 4. Mooting exercises. 5. Review and quiz.	Seminar (6 hr)
Week 04	1. Serious misconduct and the employee’s obligations of loyalty. 2. The employer’s vicarious liability. 3. Examining and cross-examining witnesses, including mock trial exercise. 4. Mooting exercises.	Seminar (6 hr)
Week 04	1. A crash course in discrimination law. 2. Remedies. 3. Dispute resolution: settlement and deeds of release. 4. Mooting exercises. 5. Review and quiz. 5. Completion of study surveys for this unit of study.	Seminar (6 hr)

Attendance and class requirements

Attendance: All students are required to attend 100% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

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 determine when terms will be implied in employment contracts under varying circumstances.
LO2. distinguish between and understand and apply the legal principles governing actions for unfair dismissal, adverse action and unlawful discrimination.
LO3. 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.
LO4. understand and apply principles of vicarious liability to evaluate the circumstances in which an employer will be liable for the conduct of an employee.
LO5. construct and present oral arguments, lead evidence from witnesses and cross-examine witnesses.
LO6. assess various avenues for relief in employment disputes; understand and apply professional obligations in the context of settlement negotiations; and choose 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.

ULOs and assessment have been updated.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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

Use of generative artificial intelligence (AI)

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

LAWS6937: Employment Law Advocacy

Semester 2b, 2026 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

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