COMLAW 314 : Employment Law

Business and Economics

2020 Semester Two (1205) (15 POINTS)

Course Prescription

The success of a business depends on the maintaining of a productive relationship with its employees. Employment Law covers the legal principles governing the employment relationship. Specific topics include bargaining, personal grievances, enforcement of employment contracts, strikes and lockouts, the rules regarding holidays, and health and safety obligations.

Course Overview

The aim of the course is to develop the ability of students to identify, apply and critically analyse the law relating to the employment relationship in New Zealand. It is intended both for those who seek to specialise in management or employment relations, and also for those specialising in other areas of business wanting to better understand the rights of employees and legal obligations of employers. The course aims to develop the abilities of students to seek solutions to employment relations problems, and analyse and communicate the impact of the legal and regulatory framework on the employment relationship. 

Course Requirements

Prerequisite: COMLAW 201 or 203; or COMLAW 101 and MGMT 223; or COMLAW 191 and MGMT 292 or 293 or BUSINESS 292 or 293

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Graduate Profile: Bachelor of Commerce

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and analyse legal issues that may arise in the context of employment and how such duties and obligations arise (Capability 1 and 2)
  2. Evaluate the duties and obligations affecting the parties to an employment relationship and apply these to seek solutions to problems (Capability 1 and 3)
  3. Conduct legal research and apply legal problem solving skills to employment law problems (Capability 2 and 3)
  4. Communicate legal analysis clearly and accurately (Capability 2 and 4.2)
  5. Identify and analyse legal issues that may arise in the areas of health and safety, privacy, discrimination, information disclosure, and holidays (Capability 1 and 2)
  6. Identify and analyse legal issues that arise in relation to the distinction between employees and contractors (Capability 1 and 2)

Assessments

Assessment Type Percentage Classification
Test 30% Individual Test
Assignments 20% Individual Coursework
Final Exam 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Test
Assignments
Final Exam

Workload Expectations

This course is a standard 15 point course and students are expected to spend 10 hours per week involved in each 15 point course that they are enrolled in.

For each week of this course, you can expect 3 hours of lectures, 4 hours of reading and thinking about the content and 3 hours of work on assignments and/or test preparation.

Learning Resources

The textbook for the course is:
Richard Rudman, New Zealand Employment Law Guide (2020 ed, CCH, Auckland, 2020).

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 26/06/2020 11:20 a.m.