LAWPUBL 425 : Employment Law

Law

2021 Semester One (1213) (15 POINTS)

Course Prescription

A study of the common law individual contract of employment and the mutual duties implied therein; the statutory system and the collective agreement under the Employment Relations Act and its predecessors; the impact on industrial law of specific statutory reforms such as the Human Rights Act, the Health and Safety in Employment Act, and the Parental Leave legislation; and analysis of strikes and lockouts, both as common law torts and as events subject to statutory control.

Course Overview

This course is for students who are keen to develop a practical understanding of employment law in New Zealand. It will begin with an examination of the employment institutions before turning to the formation and operation of individual employment relationships as well as the minimum code of employment rights. Collective bargaining and industrial conflict will then be canvassed followed with an exploration of the termination of the individual employment relationship and personal grievances. The final part of the course will examine post-employment obligations and available remedies. 

Course Requirements

Prerequisite: LAW 231, 241 Restriction: LAW 430

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and critically analyse the legal and practical implications of employment law (Capability 1.1, 1.2, 1.3, 2.1, 2.2 and 2.3)
  2. Critically apply legislation and case law to common employment law issues (Capability 3.1, 3.2 and 3.3)
  3. Articulate concepts in employment law clearly and coherently (Capability 4.1 and 4.3)
  4. Develop innovative, original, and intellectual challenging arguments in employment law (Capability 3.3)
  5. Explain the economic, social and political context of employment law (Capability 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Case Note 10% Individual Coursework
Assignment 30% Individual Coursework
Final Exam 60% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Case Note
Assignment
Final Exam

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Campus Experience

Attendance is expected at scheduled lectures. Lectures will be available as recordings.
At the end of each lecture, there will be a half hour workshop/open class discussion regarding a problem question on the topic of the lecture which will not be recorded.
Attendance on campus is required for the exam.
The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Course materials will progressively be made available in a learning and collaboration tool called Canvas.

In addition, it is recommended that students purchase:

  • Gordon Anderson, John Hughes, and Dawn Duncan Employment Law in New Zealand (2nd ed, LexisNexis, Wellington, 2017); and
  • Alice Coppard, Geoff McLay, Chris Murray, and Jonathan Opin New Zealand Law Style Guide (3rd ed, Thomson Reuters, Wellington, 2018).


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.

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 director, 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 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 Student Academic and Support Adviser 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.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

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 07/12/2020 02:59 p.m.