Overview
This course examines the legal relationship between employers, employees, trade unions, and the state. It integrates individual employment law with collective labour regulation, covering the formation and classification of employment relationships, employee and independent contractor status, contractual terms, implied duties, remuneration, working time, leave, workplace policies, privacy, monitoring, occupational health and safety, and workplace discipline.
The course addresses equality and human-rights obligations, including discrimination, harassment, reasonable accommodation, family responsibilities, disability, pregnancy, and retaliation. Termination topics include resignation, dismissal, redundancy, constructive dismissal, notice, severance, unfair or wrongful dismissal, procedural fairness, and remedies such as reinstatement and compensation.
Collective labour law topics include freedom of association, union recognition, collective bargaining, bargaining units, union security, collective agreements, unfair labour practices, strikes, lockouts, picketing, essential services, industrial action, and settlement of collective disputes. Students examine the roles of tribunals, administrative agencies, arbitrators, mediators, and courts, including jurisdiction, limitation periods, and enforcement.
Emerging issues include remote and platform work, workplace surveillance, algorithmic management, globalization, migrant labour, and non-compete restrictions. Practical exercises develop the ability to classify employment relationships, advise on workplace rights and discipline, interpret collective agreements, select dispute-resolution mechanisms, and draft legal advice and submissions.
Learning Outcomes
- Classify employment relationships by applying statutory, contractual, and common-law tests to employee, contractor, and other work arrangements.
- Analyze contractual terms, implied duties, workplace policies, remuneration, working time, leave, privacy, monitoring, health and safety, and disciplinary processes.
- Evaluate discrimination, harassment, reasonable accommodation, family-responsibility, disability, pregnancy, and retaliation claims under applicable employment and human-rights standards.
- Assess the legal and procedural validity of resignations, dismissals, redundancies, constructive dismissals, and other forms of termination.
- Calculate and justify potential remedies, including notice, severance, compensation, reinstatement, penalties, and enforcement options.
- Interpret collective agreements and analyze union recognition, bargaining obligations, unfair labour practices, strikes, lockouts, picketing, and essential-services restrictions.
- Select appropriate tribunal, agency, arbitration, mediation, or court processes by reference to jurisdiction, limitation periods, evidence, and available remedies.
- Synthesize legal authorities and factual records to draft practical employment advice, dispute-resolution documents, or formal submissions.
- Evaluate emerging employment issues involving remote work, platform work, surveillance, algorithmic management, migrant labour, globalization, and post-employment restraints.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
| Practicum | 2 hours | Fortnightly | Second term |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Employment law problem analysis | 20.00% |
| Assignment | Collective bargaining memorandum | 20.00% |
| Test | Moot or mediation practical | 20.00% |
| Attendance | Class participation and tutorial preparation | 10.00% |
| Exam | Final examination | 30.00% |
Prerequisites
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
