James Cook University Subject Handbook - 2024

LA4020 - Employment, Workplace and Industrial Relations Law

Subject Description

Employment Law is one of the most interesting, important and topical legal disciplines. In the course of everyone's life, they will be either employer, employee, contractor or volunteer. This course covers the main elements of employment and labour law, key issues and emerging questions. In particular, the course deals with: Common law employment contract (employee or independent contractor?) ; restraint of trade; implied duties of employers and employees e.g. good faith; enterprise bargaining; National Employment Standards and the No Disadvantage Test; Fair Work Commission and Fair Work Ombudsman; Trade Union Law (freedom of association and strikes; trade union governance and regulation); unfair dismissal and restructures; gig work; remote work and telecommuting; work for international employers; anti-discrimination and the positive duty to avoid harassment and discrimination.

Learning Outcomes

• research and critically analyse information from appropriate diverse sources
• communicate and apply statute and common law to fact situations
• investigate and describe how changes in the law impact on the workplace
• differentiate law from politics

Subject Assessment

• Written > Examination (centrally administered) - (60%) - Individual
• Tutorial/Workshop participation - (10%) - Individual
• Written > Research report - (30%) - Individual

Note that minor variations might occur due to the continuous subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.

Availabilities