Employment Law

The information set out below is a guide to what the course is likely to include: - Introductory lectures briefly cover key concepts under the Employment Relations Act; - Issues arising in pre-employment; - The law relating to classification of an "employment agreement" as distinct from other contracts for the performance of work and, particularly, the principal/independent contractor relationship; - Formation of individual employment agreements (for example, the requirement to bargain in good faith, minimum statutory requirements as to content, and incorporation of terms); - Operation of individual employment agreements (for example, the role of good faith under s 4 of the Employment Relations Act and significant implied terms, such as the duty not to disclose confidential information); - Intro to Employment Law institutions - focusing on Employment Relations Authority and Employment Court; - Personal grievance claims (with a focus on unjustifiable dismissal and unjustifiable disadvantageous action); - Enforcement of the employment agreement through compliance orders, interpretation disputes, penalties, and damages; - Critical examination of the key topics of freedom of association, unions, collective bargaining and strikes and lockouts.