Students
HRM 222 – Foundations in Human Resources Law
2019 – S2 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Associate Professor Louise Thornthwaite
Contact via Email
Please view consultation hours via iLearn - https://ilearn.mq.edu.au/login/
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| Credit points |
Credit points
3
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| Prerequisites |
Prerequisites
12cp at 100 level or above
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit provides a foundation for human resources law. The unit provides students with grounding in human resources law that will assist them in future management careers. The need to incorporate law into HR practice provides a challenge particularly with ongoing changes to workplace law and management.
Areas covered include: the Australian legal system, the development of human resources law, and the relationship of human resources law to other legal areas. Students will analyse the legal aspects of particular case studies relevant to human resources law and critically assess and make judgments on the merits of legal arguments.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| HR Law Case Study | 30% | No | Week 6 |
| HR Law Report | 20% | No | Week 10 |
| Final Examination | 50% | No | University Examination period |
HR Law Case Study
Due: Week 6
Weighting: 30%
Late tasks must also be submitted through Turnitin. No extensions will be granted. There will be a deduction of 10% made from the total available marks for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission incurs a 20% deduction). Late submissions will be accepted up to 96 hours after the due date and time.
This penalty does not apply for cases in which an application for Special Consideration is made and approved. Note: applications for Special Consideration Policy must be made within 5 (five) business days of the due date and time.
On successful completion you will be able to:
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
HR Law Report
Due: Week 10
Weighting: 20%
Group Report - 750 words max
Individual Reflection-750 words max
Inherent Task Requirements None Late SubmissionLate tasks must also be submitted through Turnitin. No extensions will be granted. There will be a deduction of 10% made from the total available marks for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission incurs a 20% deduction). Late submissions will be accepted up to 96 hours after the due date and time.
This penalty does not apply for cases in which an application for Special Consideration is made and approved. Note: applications for Special Consideration Policy must be made within 5 (five) business days of the due date and time.
On successful completion you will be able to:
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Final Examination
Due: University Examination period
Weighting: 50%
Please see Assessment Policy Schedule 4.
The only exception to not sitting an examination at the designated time in the University Examination Timetable is because of documented illness or unavoidable disruption. In these circumstances you may wish to consider applying for special consideration.
This penalty does not apply for cases in which an application for Special Consideration is made and approved. Note: applications for Special Consideration Policy must be made within 5 (five) business days of the due date and time.
On successful completion you will be able to:
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Delivery and Resources
| Required text |
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| Unit web page | The web page for this unit can be found at: https://ilearn.mq.edu.au/login/ |
| Technology Used and Required |
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| Delivery Format and Other Details |
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| Recommended readings |
Highly Recommended
Journals: Apart from text books and lecture slides, students will find it valuable to access and read relevant articles in journals. There are a number of journals that deal with this subject area. It is suggested that you research the University library system in order to locate and access relevant journal articles. Key journals include the Australian Journal of Labour Law, Industrial Law Journal (UK) and the Journal of Industrial Relations. Students are also encouraged to read a good daily newspaper such as the Sydney Morning Herald, The Australian and the Australian Financial Review in order to keep up to date with changes in this area. Commonwealth legislation (available on www.comlaw.gov.au)
NSW Legislation (see online: www.legislation.nsw.gov.au/)
Useful Websites:
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Unit Schedule
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Week |
Topic |
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Week 1 |
Human Resources Law: Basic concepts and the purpose of 'employment law' (Chapter 1) No Tutorial |
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Week 2 |
Who is an Employee? / Special Types of Employment (Chapters 3 & 4) Tutorials begin |
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Week 3 |
The Development and Coverage of Employment Laws in Australia. (Chapter 2) No Tutorial – Reading Week
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Week 4 |
Creating an Employment Relationship - The employment contract: duties and obligations (Chapters 5, 12 & 13) Tutorials Resume |
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Week 5 |
Minimum Standards: The NES and Awards/Enterprise Agreements (Chapters 7 & 8)
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Week 6 |
Dispute Resolution and Enforcement of Employment Laws (Chapters 9) Individual Case Study Due |
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Week 7 |
Remuneration, Working Hours and Leave (Chapters 10 & 11) |
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UNIVERSITY MID SEMESTER BREAK |
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Week 8 |
Loyalty, Confidentiality and Privacy (Chapter 13) |
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Week 9 |
Discrimination and Victimisation (Chapter 14)
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| Week 10 |
Workplace Safety (Chapter 15) |
| Week 11 |
Security at Work and the Termination of Employment (Chapter 16 and 17) |
| Week 12 | Industrial Action (Chapter 18) |
| Week 13 | Subject Revision |
(This unit schedule may be subject to modification. Any content changes will be noted on iLearn)
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
Capable of Professional and Personal Judgement and Initiative
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Learning outcomes
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Assessment tasks
- HR Law Case Study
- HR Law Report
- Final Examination
Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
Learning outcomes
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Assessment tasks
- HR Law Case Study
- HR Law Report
- Final Examination
Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Learning outcomes
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Assessment tasks
- HR Law Case Study
- HR Law Report
- Final Examination
Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
Learning outcomes
- Explain how employment law is made and enforced in Australia.
- Apply relevant legal principles and techniques to solve current case problems in human resource law.
- Critically analyse the merits of legal arguments on particular human resource issues both as individuals and in groups.
Assessment tasks
- HR Law Case Study
- Final Examination
Research and Practice
This unit uses research by Louise Thornthwaite:
Thornthwaite, L. (2018) Social Media and Dismissal: Developing a Reasonable Expectation of Privacy, Journal of Industrial Relations, 60 (1): 119-136.
Thornthwaite, L. (2016) Social Media: an emerging privacy, Precedent: Australian Lawyers Alliance Journal, 135 (July/August): 8-13.
Thornthwaite, L. (2016) ‘Chilling Times: Social Media Policies, Labour Law and Employment Relations’, Asia Pacific Journal of Human Resources 54 (3), 332-51.
Holley, S., Thornthwaite, L., Markey. R., and O’Neill, S., (2015) ‘NSW Workers’ Compensation Reform: A Parody of Evidence-Based Policy Making’ Australian Journal of Public Administration, 74 (2): 151-161.
Thornthwaite, L., (2013) 'Social Media, Unfair Dismissal and the Regulation of Employees' Conduct Outside Work', Australian Journal of Labour Law, 26 (2) 164-184.
This unit gives you practice in applying research findings in your assignments.
This unit gives you opportunities to conduct your own research.