Waikato Home
LEGAL420-20B (HAM)
Employment Law
15 Points
Staff
Convenor(s)
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Dara Dimitrov
dara.dimitrov@waikato.ac.nz
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Simon Schofield
simon.schofield@waikato.ac.nz
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Lecturer(s)
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Simon Schofield
simon.schofield@waikato.ac.nz
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Librarian(s)
You can contact staff by:
- Calling +64 7 838 4466 select option 1, then enter the extension.
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- For extensions starting with 4: dial +64 7 838 extension.
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Paper Description
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.
Paper Structure
This paper is delivered entirely online.
There will be two hours of lectures each week delivered via Panopto which will be uploaded on Thursdays by 12 pm.
A one hour voluntary Zoom workshop meeting to answer questions will be take place each week on Thursdays at 3 pm.
There will be no lectures in the final week of B Semester because the Take Home Test will be held during that week.
Students are required to either watch or listen to all the Panopto lectures (as tracked by Panopto) in order to pass the course.
Learning Outcomes
Students who successfully complete the paper should be able to:
Assessment
Assessment Components
The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam.
Required and Recommended Readings
Required Readings
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).
Recommended Readings
There is a materials book for this course which is also available on Moodle. Powerpoints that summarize the material covered in class will also be available on Moodle.
Other Resources
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)
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)
Erling Rasmussen Employment Relations: Workers, Unions and Employers in New Zealand (Auckland University Press, 2004)
Richard Rudman New Zealand Employment Law Guide (CCH, Auckland, 2020)
Antoinette Russell and Bromwyn Heenan Employment Law : Butterworths Student Companion (2nd ed, LexisNexis, Wellington, 2013)
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
Online Support
Workload
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.
Linkages to Other Papers
Prerequisite(s)
Prerequisite papers: LEGAL103 and LEGAL104 or LAWS103; and LAWS204 or LEGAL204.
Restriction(s)
Restricted papers: LAWS420