LAWS363-17S1 (C) Semester One 2017

Individual Employment Law

15 points
20 Feb 2017 - 25 Jun 2017

Description

The course aims to provide a sound academic grounding in key areas of individual employment law. It will examine the key topics of classifying the employer/employee relationship, formation of individual employment agreements, operation of individual employment agreements, including interrelationship with collective agreements, and principles relevant to termination, with particular reference to the personal grievance jurisdiction.

The information set out below is a guide to what the course is likely to include:
•  Introductory lectures briefly cover key concepts under the Employment Relations Act;
•  Issues arising in pre-employment;
•  The law relating to classification of an “employment agreement” as distinct from other contracts for the performance of work and, particularly, the principal/independent contractor relationship;
•  Formation of individual employment agreements (for example, the requirement to bargain in good faith, minimum statutory requirements as to content, and incorporation of terms);
•  Operation of individual employment agreements (for example, the role of good faith under s 4 of the Employment Relations Act and significant implied terms, such as the duty not to disclose confidential information);
•  Intro to Employment Law institutions – focussing on Employment Relations Authority and Employment Court;
•  Personal grievance claims (with a focus on unjustifiable dismissal and unjustifiable disadvantageous action);
•  Enforcement of the employment agreement through compliance orders, interpretation disputes, penalties, and damages.

Learning Outcomes

  • A student who successfully completes this course will be able to:
  •  Identify and critically analyse the legal and practical implications of employment law issues.
  •  Demonstrate an understanding of policy issues relating to employment law.
  •  Recognise how employment law problems impact on society generally.
  •  Apply legislation and case law relevant to employment issues, particularly dismissals and unfair disadvantages.

    Note: The emphasis is on practicality: employment law is a regular aspect of the work undertaken by most law firms and there are also opportunities with unions, employers' organisations, government departments, local government, community organisations and human resources management.

Pre-requisites

(i) LAWS101; and (ii) LAWS110

Restrictions

LAWS318

Co-requisites

LAWS202-206

Course Coordinator / Lecturer

Henry Holderness

Lecturer

Annick Masselot

Assessment

Assessment Due Date Percentage 
Group Essay 07 Apr 2017 40%
Take Home Test 02 Jun 2017 60%


Assessment may consist of an essay and a take home test.  The assessment will be confirmed in the first week of lectures.

Textbooks / Resources

There is no set text and the course will be taught primarily through reference to statutory provisions and case law, all of which are accessible through Westlaw NZ, LexisNexis, CCH and so on.   Students wishing to read up on Employment Law before the course begins are recommended to familiarise themselves with the Employment Relations Act 2000 generally.   However, individual lecturers may suggest additional recommended texts for further reading as necessary during term time.

Indicative Fees

Domestic fee $775.00

International fee $3,525.00

* Fees include New Zealand GST and do not include any programme level discount or additional course related expenses.

For further information see School of Law.

All LAWS363 Occurrences

  • LAWS363-17S1 (C) Semester One 2017