LEGAL420-19A (HAM)

Employment Law

15 Points

Edit Header Content
Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
Faculty of Law Dean's Office

Staff

Edit Staff Content

Convenor(s)

Lecturer(s)

Administrator(s)

Placement Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
Edit Staff Content

Paper Description

Edit Paper Description Content

This course is a practical survey of employment law in New Zealand. It examines the formation, operation, and termination of the employment relationship as well as the employment institutions, personal grievances, and remedies.

Edit Paper Description Content

Paper Structure

Edit Paper Structure Content

There will be two hours of lectures each week delivered Thursday 10 am – 12 pm in S.1.02.

There will be no lectures in the final week of A Semester because the Take Home Test will be held during that week.

Each lecture lasts for one and half hours with half an hour as a workshop with required readings.

Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Attendance is therefore required for satisfactory completion of the paper.

Edit Paper Structure Content

Learning Outcomes

Edit Learning Outcomes Content

Students who successfully complete the course should be able to:

  • Identify and critically analyse the legal and practical implications of employment law
    Linked to the following assessments:
  • Apply legislation and case law to common employment law issues
    1. Identify and critically analyse the legal and practical implications of employment law
    2. Apply legislation and case law to common employment law issues
    3. Understand the economic, social and political context of employment law
    Linked to the following assessments:
  • Understand the economic, social and political context of employment law
    Linked to the following assessments:
Edit Learning Outcomes Content
Edit Learning Outcomes Content

Assessment

Edit Assessments Content

Assessment Components

Edit Assessments Content

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Essay
12 Apr 2019
4:00 PM
30
  • Online: Submit through Moodle
2. Problem Question
29 Apr 2019
4:00 PM
30
  • Online: Submit through Moodle
3. Take Home Exam
31 May 2019
4:00 PM
40
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
Edit Assessments Content

Required and Recommended Readings

Edit Required Readings Content

Required Readings

Edit Required Readings Content

The compulsory text is Gordon Anderson, John Hughes, and Dawn Duncan Employment Law in New Zealand (2nd ed, LexisNexis, Wellington, 2017).

All law students are also required to purchase, for use in all law papers, a copy of Alice Coppard, Geoff McLay, Chris Murray, and Jonathan Orpin New Zealand Law Style Guide (3rd ed, Thomson Reuters, Wellington 2018).

Edit Required Readings Content

Recommended Readings

Edit Recommended Readings Content

There is a materials book for this course which is also available on Moodle. Powerpoints that summarize the material covered in class will be available on Moodle. Every effort will be made to make these available before the class.

Edit Recommended Readings Content

Other Resources

Edit Other Resources Content

The following Acts will be useful:

Employment Relations Act 2000

Health and Safety at Work Act 2015

Privacy Act 1993

Human Rights Act 1993

Minimum Wage Act 1983

Wages Protection Act 1983

Protected Disclosures Act 2000

The following texts may be useful:

Gordon Anderson Reconstructuring New Zealand’s Labour Law: Consensus or Divergence? (Victoria University Press, Wellington, 2011)

Frank Darby and Andrew Scott-Howman Workplace Bullying (Thomson Reuters, 2016)

Jeremias Prassl The Promise and Perils of Work in the Gig Economy (Oxford, Oxford University Press, 2018)

Jeremias Prassl The Concept of the Employer (Oxford, Oxford University Press, 2015)

Simon Deakin and Gillian Morris Labour Law (6th ed, Hart Publishing, 2012)

Astra Emir Selwyn’s Law of Employment (19th ed, Oxford University Press, 2016)

Mark Freedland et al The Contract of Employment (Oxford University Press, 2016)

Mark Irving The Contract of Employment (LexisNexis Butterworths, 2012)

Peter Kiely Termination of Employment: A Best Practice Guide (2nd ed, CCH Auckland, 2015)

Peter Kiely Guide to Holidays and Leave (2nd ed, CCH, Auckland, 2016)

Stephen Peck and Rosemary Tobin (ed) Privacy Law in New Zealand (2nd ed, Thomson Reuters, Auckland, 2016)

Karen Radich Employment Mediation (2nd ed, Thomson Reuters, 2015)

Erling Rasmussen Employment Relations: Workers, Unions and Employers in New Zealand (Auckland University Press, 2004)

Richard Rudman New Zealand Employment Law Guide (CCH, Auckland, 2019)

Antoinette Russell and Bromwyn Heenan Employment Law : Butterworths Student Companion (2nd ed, LexisNexis, Wellington, 2013)

Carolyn Sappideen, Paul O'Grady and Joellen Riley Macken's Law of Employment (8th ed, Thomson Reuters, 2016)

Relevant online employment law materials include:

Phil Bartlett and others Employment Law (online looseleaf ed, Westlaw)

Gordon Anderson and others Mazengarb’s Employment Law (online looseleaf ed, LexisNexis)

Peter Churchman and Mary Foley Personal Grievances (online looseleaf ed, Westlaw)

John Hughes, Gordon Anderson and Paul Roth Personal Grievances (online looseleaf ed, LexisNexis)

Lastly, every two years the New Zealand Law Society have an Employment Law Conference with a compendium of papers

Edit Other Resources Content

Online Support

Edit Online Support Content
Online support for this paper is provided via Moodle.
Edit Online Support Content

Workload

Edit Workload Content

Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on readings. Students should allow for periods of more focused research time in the preparation of assignments.

Edit Workload Content

Linkages to Other Papers

Edit Linkages Content

Prerequisite(s)

Prerequisite papers: LEGAL103 and LEGAL104 or LAWS103; and LAWS204 or LEGAL204.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS420

Edit Linkages Content