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Unit of study_
LAWS6937: Employment Law Advocacy
2024 unit information
This unit examines key aspects of employment law principles and practice and their application in contemporary employment litigation and advocacy. Central to the practice of an employment lawyer whether in-house or as a solicitor or as an Human Resources practitioner or industrial officer is understanding what is required of an advocate (so as to be able to give meaningful instructions) and being able to act (where required) as advocate. This unit, by practical application, gives students the unique opportunity to apply substantive legal principles underpinning the employment relationship by participation in a series of moots, undertaking cross-examination and making closing submissions. The context for these exercises will comprise common employment disputes that arise in modern workplaces including the characterisation of the relationship for gig-economy workers, serious misconduct, unfair dismissal, adverse action, sexual harassment, and liability for conduct outside of work, including by way of social media activity. The unit’s practical focus also extends to drafting pleadings, leading evidence, understanding remedies and choice of forum options as well as settlement obligations. This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB or JD degree. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Director. 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
Managing faculty or University school:
Sydney Law School
| Study level | Postgraduate |
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| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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None |
| Assumed knowledge:
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Available to law graduates only. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator |
At the completion of this unit, you should be able to:
- LO1. analyse and apply principles of contract law to interpret express terms and imply terms in employment contracts under varying circumstances.
- LO2. distinguish between casual and permanent employment using established legal tests and principles.
- LO3. critique the evolution and current debates surrounding implied employer obligations of good faith or reasonableness.
- LO4. identify instances of repudiatory breach in employment contracts and evaluate their implications.
- LO5. integrate knowledge of trade practices law with individual employment disputes, and assess employer liability for employee misconduct, including conduct outside work and on social media.
- LO6. construct and present oral arguments, lead evidence from witnesses, cross-examine witnesses, and assess various avenues for relief in employment disputes, choosing appropriate forums considering jurisdictional limits, relief options, and potential damages.
Unit availability
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Modes of attendance (MoA)
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