Overview

You are required to respond to three separate research-style questions. One response is due at the end of each of weeks 3, 4 and 5, enabling you to develop and reflect on feedback as you progress through the course. Each individual submission should be 1,000 words (+/- 10%).

The purpose of this assessment is to focus attention on existing or emerging issues within employment law that require policy positions to be formulated within Australian businesses. This exercise will assist you to develop skills in relation to conducting research in legal and social issues, in formulating a clear and cogent set of arguments, and also in clarifying your own beliefs and opinions in relation to contemporary issues.

Whether you are working in the law, or in a workplace managing people and/or employment matters, it is important that you can research law reform and relevant social issues as they arise, clearly articulate your knowledge and understanding of key issues, and provide quality written responses to questions posed.

 

Assessment criteria

This assessment will measure:

• knowledge and understanding of legal and social issues (9 marks)
• quality of the legal/social argument, including application of the law to the problem (15 marks)
• quality of research, and use of course materials, structure, use of language, and correct referencing and citation (6 marks),

 

Course learning outcomes

This assessment is relevant to the following course learning outcomes:

 

CLO2	Analyse key aspects of relevant employment law legislation and case law.
CLO3	Critically assess and apply key legal rules to address a range of employment law issues.
CLO4	Apply an advanced and integrated knowledge of legislation and common law to current legal issues.

 

Assessment details

You will respond to three different research-style questions that relate to contemporary issues in employment law and link to core themes covered in this course. You will submit a response for each question in weeks 3, 4 and 5, as assigned for that week.

 

Questions:

 Week 3: Are Australian companies over-regulated in relation to labour law?

• Week 4: Do you believe that Australian employees have sufficient ‘voice’ in advocating for workplace rights? Or do you believe that employees have too many rights and privileges?
• Week 5: Find an article in the media from this year, or a case report, that relates to discrimination-based conduct in Australia. This may relate to a claim of discrimination brought before a court or tribunal, or it may relate to an allegation of discriminatory conduct related to a protected attribute. Include a URL reference to this media report or case law report at the start of your

From the information provided, explain whether federal or state law applies, describe the applicable law, and explain whether the applicable legal framework effectively balances the need to protect, with the need to allow civil freedoms.

 

Guidelines for answering the questions

You should ensure your research responses directly address the posed question(s). You should avoid making general and sweeping statements that you do not support with either examples or research (such as primary or secondary law, or reports).

The research is to be written for an audience that is likely to be educated and aware of labour law and employment issues. As such, this should be written at a suitable professional level, using employment- related terms and concepts.

 

Answer structure

 Responses to each of the questions should be presented in the style of a research essay, which sets out a clear structure and is written for an audience that is assumed to have some knowledge of employment matters.

This is a research assignment where responses should be well structured with a high standard of writing. Answers must contain a clear introduction, body of arguments with a clear narrative and conclusions, such as the following.

 

Introduction

An introduction stating whether you agree or disagree with the proposition and signpost the arguments you will present to support your position.

 

Body of arguments

 A body of argument presented in clear paragraphs, with research support for the statements made. You should aim to make three distinct arguments, which use a clear narrative, as part of your response.

 

Research

Research can be in the form of primary law (such as references to statute or case law), secondary law (which is commentary about the law found in textbooks or journal articles), government or institutional reporting, or examples cited from media.

 

Final paragraph

The final paragraph should provide a conclusion to the arguments that have been made.

 

Referencing

You are encouraged to use AGLC4 (which uses footnotes and not in-text citation) and you must include a reference list.

The response should ensure that there is adequate referencing and citation made for each statement made. As such, there is no specific number of references expected, but at a minimum you should provide one reference or citation for every 200 words. This means there should be a minimum of five references for each response made. This can include primary law (statute, regulatory standards and case law), secondary law (peer-reviewed journal articles and textbooks), government reports and publications, or institutional reports. You should avoid using general websites for information, unless they represent credible and verifiable information such as government regulators (i.e. ASIC, ATO, FWC or FWO).

 

Resources

You should start your research by referring to the course materials, including RMIT reading notes and text references. You are expected to conduct wider research, for instance identifying suitable journal articles, case law or media articles that provide support for the statements made in response to each question.

 

Feedback

You can expect to receive feedback in the week following your submission. Your feedback is intended tobe used to inform that week’s research response