BUHRM3706 Employment Practice

Employment relationships take place within the broader context of the political, economic, legal and social environments. This unit focusses on these relationships by reference to the legal and regulatory environment in which they take place. The unit highlights the rights and obligations of employers, employees and independent contractors with regard to their employment/engagement in and by organisations. Hence, contemporary employment practices, including the `gig economy' are considered by reference to the underpinning law of employment. The regulatory environment is explained by reference to the relevant Federal and State legislation alongside common law principles.While the legislative coverage is squarely on the Fair Work Act 2009 (Cth), other statutes dealing with employment are considered, inclusive of anti-discrimination legislation. In addition, State legislation remains tangentially covered in areas of workplace injury involving occupational health and safety laws. The common law that underpins employment relationships both in the context of common law duties and contracts are reviewed. In addition, the common law related to negligence and vicarious liability are explored in the context of liability arising from injury from employment. As employment remains predicated upon agreement, the common law contract is explored insofar as the outcomes it offers as a legal basis of rights. This discussion of contract law leads to other related contract discussions pertaining to unfair contractual terms, unfair employment practices and the termination of employment. Lastly, in the context of termination of employment, unfair and unlawful termination feature after a discussion of reasonable notice and summary dismissal.

Course or unit outline