¾«¶«´«Ã½app

USQ Logo
The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW8703 Comparative Employment Law

Semester 2, 2020 Online
Short Description: Comparative Employment Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner:

Requisites

Pre-requisite: (LAW5123 and LAW5124 and LAW5212) or Students must be enrolled in one of the following Programs: LLBH or LLMC

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

This course facilitates advanced study and research in employment law. The comparative and theoretical approach taken within the course will equip students with advanced analytical skills to broaden their knowledge beyond Australian employment law.

Synopsis

This course introduces students to current debates on the various theoretical underpinnings of employment law, which include the freedom of contract theory, rights-based theories and theories in equity. Upon an examination and evaluation of these competing theories, the course moves on to analyse the transplantation of common law principles in regulating the individual employment relationship in selected common law jurisdictions. Students complete their study by examining the role of the International Labour Organisation and the impact of international norms and treaties on the domestic laws of selected jurisdictions.

Objectives

On successful completion of this course students should be able to demonstrate:

  1. the ability to evaluate employment law theories;
  2. a critical analysis of the evolution of common law principles in selected jurisdictions;
  3. a critical appreciation of the role of international norms in regulating domestic employment relationships in selected jurisdictions.

Topics

Description Weighting(%)
1. Theories in employment law 1 – the freedom of contract perspective 10.00
2. Theories in employment law 2 – the human rights perspective and the public-private divide/constitutional perspectives 20.00
3. Theories in employment law 3 – perspectives from equity 10.00
4. The evolution and transplantation of the common law of employment – Australia and New Zealand 20.00
5. The evolution and transplantation of the common law of employment -Singapore, Malaysia and India 20.00
6. The evolution and transplantation of the common law of employment – Canada and the United States of America 20.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=02&subject1=LAW8703)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Students will be referred to online library resources via ¾«¶«´«Ã½appDesk.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Students will be referred to online library resources via ¾«¶«´«Ã½appDesk.

Student workload expectations

Activity Hours
Assessments 100.00
Directed ¾«¶«´«Ã½app 16.00
Private ¾«¶«´«Ã½app 49.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
RESEARCH ASSIGNMENT 1 50 50 14 Sep 2020
RESEARCH ASSIGNMENT 2 50 50 19 Oct 2020

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. ¾«¶«´«Ã½app Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene ¾«¶«´«Ã½app policies and practices. These policies can be found at .

Assessment notes

  1. Students studying this course must use the Australian Guide to Legal Citation (AGLC) in their assessment to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian.

Date printed 6 November 2020