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Unit outline_

LAWS6022: International and Comparative Labour Law

Intensive October - November, 2024 [Block mode] - Camperdown/Darlington, Sydney

This unit will examine the growing use of individual labour and equality rights to protect working people, with the overall aim of assessing the capacity of this type of regulation to enhance justice, both in the workplace and more widely. It will use experience in the UK of a highly individualized workplace rights and enforcement system to identify strengths and weaknesses in this kind of workplace protection. This will involve consideration of EU and European Convention on Human Rights standards, while some comparative readings will also be set and students will be encouraged themselves to bring a comparative dimension to the issues and assignments. Jumping off from the UK experience, the unit will evaluate various strategies for enhancing the protective capacity of individual workplace rights. These include: (1) conceiving of such rights as fundamental human or constitutional rights; (2) imposing positive duties on employers and others to promote and secure observance of individual labour and equality rights; (3) institutional innovation to secure workplace protections, for example via equality and human rights commissions, labour inspectorates, ombudspeople, tax and criminal prosecution authorities; (4) involving third parties in the realization of individual labour standards, for example, NGOs, trade unions, parliamentary and other public inquiries, consumers, campaigners and the press; (5) focussing on employer activities that moderate individual labour and equality standards, like human resources practices, corporate social responsibility regimes and general managerial strategizing. Threaded through the unit will be consideration of different methodological approaches to legal research, with the twin goals of increasing what students take from the materials covered and of improving their legal research and analytical skills, including for use in the final essay. Prof Barmes draws on her extensive previous research in this area and her varied background, for example, in legal practice, conducting research for the Law Commission of England and Wales, as co-editor of the Recent Cases section of the Industrial Law Journal and as co-Director of the QMUL School of Law Centre for Research on Law, Equality and Diversity (LEAD). Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Belinda Smith, belinda.smith@sydney.edu.au
The census date for this unit availability is 1 November 2024
Type Description Weight Due Length
Participation Class Participation (10%)
Structured participation
10% Ongoing Class length
Outcomes assessed: LO1 LO7 LO5 LO4 LO3
Online task Research Essay Preparation (15%)
Students who choose to formulate their own essay topic
15% Week -03
Due date: 01 Nov 2024 at 16:00

Closing date: 03 Nov 2024
500 words / 4 weeks
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment Research Essay (75%)
Research essay
75% Week 04
Due date: 13 Dec 2024 at 16:00

Closing date: 07 Jan 2025
6000 words / 4 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6

Assessment summary

Structured Class participation (10%)
Students will be assessed on their participation in class. This includes demonstrable preparation for seminars, asking and answering questions in class, contributions to general discussion and contributions to small group tasks. Students will be placed “on call” and are expected to have read the assigned material, speak to that assigned material in class, and be able to lead discussion and answer questions.

 

Research Essay Preparation (15%)
Students will be required to formulate proposals for a research essay topic. In the first class, students will be provided with some guidance on the identification of suitable topics. In a later class, time will be set aside to discuss how to select an appropriate topic, how to narrow that to a research question, how then to develop a suitable research methodology, and where to look for key sources. Self-formulated essay questions need to be agreed with the lecturer. Students need to submit their proposed essay topic (500 words) via Canvas by 4pm on Friday 1 November 2024 Sydney, Australia time.

The essay proposal should respond to the material covered in the unit and build upon the learning that has taken place during this unit more generally. The proposal should articulate a clear research question. It should then describe a research methodology that would be suitable to seek an answer to the question. Following this, the proposal should set out an indicative outline of the structure of the final essay. The outline should follow the direction of the research question and allow for a description of the research findings, and a conclusion in which these findings are analysed in comparison with existing literature on the topic. Finally, the proposal should contain an indication of key sources and how other relevant sources will be identified.
 

Research essay (75%)
The word limit for the Research essay is 6000 words (including references). The purpose of the research essay is to allow students to pursue a chosen area or topic within the unit in more depth. The essay should include references to the content of the lectures and class discussions. This assessment task encourages the development of advanced research and analytical skills. The essay will also give the students the opportunity to explore and critically evaluate, from a comparative perspective, the national regulatory approach to labour law issues, regarded within the broader context of the global economy. Due to the iterative and consultative nature of this written assessment, anonymous marking may not be practical.
The research essay must be submitted by 4pm on Friday 13 December 2024, Sydney, Australia time.

 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and any bibliography (if required), and exclude acknowledgements of permissible assistance from editors, automated writing tools or generative AI (where use is permitted). 


NOT allow AI:
Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 
 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise, an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

 

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard. 

Result name 

Mark range 

Description 

High distinction 

85 - 100 

• Completely answers the question. 
• Contains striking originality of approach or analysis. 
• Demonstrates exhaustive or innovative research (where independent research 
required). 
• Exceptionally well written, structured and expressed. 
• Is otherwise exceptional in some way. 

Distinction 

75 - 84 

• Completely answers the question. 
• Achieves a critical and evaluative approach to the issues. 
• Content and structure is well organised in support of the argument. 
• Demonstrates extensive research and analysis to support a well-documented 
argument. 
• Generally well expressed and free from errors. 
• Has a clear structure and is well articulated. 

Credit 

65 - 74 

• Covers main issues fairly well in answering the question. 
• Contains no significant errors 
• Demonstrates an attempted critical approach to the issues. 
• Demonstrates reasonably sound research and analysis in addressing the key issues. 
• Has a clear structure and reasonably clear expression. 

Pass 

50 - 64 

• Identifies the key issues, but does not follow through with a reasoned argument. 
• Contains some significant errors. 
• Displays satisfactory engagement with the key issues. 
• Offers descriptive summary of material relevant to the question. 
• Superficial use of material, and may display a tendency to paraphrase. 
• Demonstrates little evidence of in-depth research or analysis. 
• Adequate expression. 
• Overall, demonstrates the minimum level of competence in the assessment and 
satisfies the requirements to proceed to higher-level studies in the degree or subject 
area. 

Fail 

0 - 49 

• Does not answer the question. 
• Contains significant or numerous errors. 
• Few or no identifiable arguments. 
• Content that is inappropriate or irrelevant. 
• Lack of research or analysis. 
• Difficult or impossible to understand through poor grammar, expression or 
structure. 
• Overall, does not demonstrate the minimum level of competence in the 
assessment. 

For more information see sydney.edu.au/students/guide-to-grades 

 

 

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 4:00pm but by 11:59pm on the due date for submission will attract a 10% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 Introduction: International issues in labour regulation. Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 01 The International Labour Organisation: Origins, purposes and structure. The ILO standards system. International labour rights and/as human rights. Fundamental principles and rights at work. Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Occupational safety and health (a safe and healthy working environment). Freedom of association and the right to collective bargaining. Forced labour. Comparative (labour) law. Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 02 Comparative (labour) law. Labour law and (for?) development. Labour market institutions in developing economies. The work of the ILO in supporting labour law reforms. Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Labour regulation through international trade agreements. Transnational labour regulation. The ILO/IFC Better Work programme. What future for international labour regulation? Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Required readings for each session is available in electronic form via the Canvas (LMS) under the tab ‘Reading List’.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. gain an advanced understanding of the issues faced by the regulation of work in the global economy in consideration of the role and the hierarchy of the various national, supra-national, international sources of labour law
  • LO2. identify and attain an advanced understanding of the challenges posed by changing models of international production to both public and private labour regulation at the supra-national level
  • LO3. gain an advanced understanding of the relationships between international labour standards and international human rights law
  • LO4. understand the functions and operating modes of different forms of public and private supranational regulation of labour and the strengths and weaknesses of each of them
  • LO5. acquire the ability to critically evaluate, from a comparative perspective, the different international regulatory approaches to labour law issues
  • LO6. develop advanced research and analytical skills
  • LO7. improve the capacity to engage in academic discussion of subject content in a group context

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

This unit is provided by a new guest international teacher, covering topics of current interest.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.