Handbook 1996 : Faculty of Law (Volume 3 page 216)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law. It would be advantageous to take Labour Relations Law concurrently.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should: understand that the law of employment is a discipline in its own right, hence the need to go beyond the principles of general contract or tort law; understand the legal problems associated with the individual employment relationship; appreciate the international and comparative dimension of the law of employment; understand and apply the legal rules regulating health and safety at work; and appreciate the historical and sociological dimension of the regulation of health and safety at work.
Content:
Introduction. The role of the law in regulating industrial relations, including the need for special treatment of the employment relationship. The collective and the individual components of labour law, and the link that exists between both. History of Worker Protection in Australia. Questions to be addressed include: how did the current system of worker protection in Australia come about? Specifically, which historical factors have shaped labour law in Australia? How do the unique features of Australian labour law affect the position of workers in this country?Sources of Employment Law. An overview of the various sources of employment law (including their relative importance). The nature and content of industrial awards. Nature of the Employment Relationship. The legal basis for the employment relationship. Distinguishing who is a worker and who is not. The importance of distinguishing the contract of employment from other forms of work relationship.
Creation and Contents of the Employment Relationship. The prerequisites for the valid formation of a contract of service. Express terms of the contract. Special attention will be paid to the restraint of trade doctrine and (post employment) restrictive covenants. Implied terms in the employment relationship. Terms implied in law. The interrelationship between the obligation of the worker to work and the obligation of the employer to pay wages.
Termination of the Employment Relationship. Termination at Common Law. Remedies are available to either party for wrongful termination of the employment contract. Does the common law adequately protect job security? The issues of damages, including the pervasive impact of Addis v Gramophone. The traditional and the modern approaches to the availability of relief akin to specific performance in employment law. Federal and State Regulation of Employment Termination. Occupational Health and Safety. The basic principles of occupational health and safety management; workers' compensation; rehabilitation; the history of standard setting; the Occupational Health and Safety Act 1985 (Vic. ); enforcement by the state; and the industrial relations of occupational health and safety.
Assessment:
Either Research Essay 6,000 words (60 per cent) and Final Exam 11/2 hours (40 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 216)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.