78726 Managing Workplace Culture
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70211 Contracts OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 4 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice)) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR (70108c Public International Law AND 70417c Corporate Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76015 Labour Law AND 76053 Workplace Relations Law AND 79013 Industrial and Labour Law AND 79031 Employment and Industrial Law
Description
This subject provides an understanding of the legal regulation of aspects of workplace culture. It considers the influence of law in the management of workplaces, from setting the parameters of workplace conduct through policies and codes of conduct, to the resolution of workplace disputes, the conduct of investigations, and the imposition of disciplinary measures. The subject pays particular attention to contemporary problems, including the boundary between work and private life (especially in matters relating to freedom of expression and social media policies), workplace bullying, and sexual harassment at work. It engages with various sources of law, including employment contract law, administrative law, enterprise agreements made under the Fair Work Act 2009 (Cth) and various statutes influencing employers’ responsibilities in respect of workplace discipline. These include the Fair Work Act 2009 (Cth), various federal and state anti-discrimination statutes, and work, health and safety statutes. This subject will be of particular interest to students with an interest in human resources management, industrial advocacy, or employment law practice.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstration of knowledge about the sources of law regulating workplace conduct |
|---|---|
| 2. | Development of policy drafting skills in a collaborative context |
| 3. | Demonstration of analytical skills in discerning appropriate courses of action in dealing with workplace conduct problems |
| 4. | Development of written communication skills in preparing practical reports |
| 5. | Demonstration of research skills in workplace law and practice |
| 6. | Demonstration of competence in ethical decision making in the contract of workplace conflict |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
- A specialised understanding of a complex body of legal knowledge, including the Australian legal system in relation to employment law and practice, impacts of historical and ongoing Anglo-Australian laws, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in employment law and practice and its professional practice.
- Demonstrate specialised legal knowledge of Australasian employment law and practice to support innovation in a range of contexts, including Indigenous law and systems (1.0) - Ethics and Professional Responsibility
- An advanced capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards, including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage with professions and to exercise professional judgment.
- Recognise, reflect upon and respond with professional judgment to ethical and professional responsibility issues that arise in specialist practice roles. (2.0) - Communication
- Professional and appropriate professional communication skills, including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.
- Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised and technical formats; including productive collaboration with professional teams and clients. (5.0) - Collaboration
- Specialised collaboration skills, including effective team work to achieve a common goal in a group learning environment or the workplace.
- Take responsibility to give feedback and to respond to feedback in a professional context, to work effectively with colleagues and other stakeholders and to resolve challenges through effective negotiation. (6.0) - Self-management
- A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self-assessment of skills, personal wellbeing and appropriate use of feedback, and a capacity to adapt to and embrace change.
- Evaluate and implement their own professional development and incorporate personal skills in order to work with autonomy as a responsible and adaptable professional. (8.0)
Teaching and learning strategies
Strategy 1
Preparation for seminar activity: All students undertaking this subject are strongly encouraged to prepare before class Materials such as cases, legislation and commentary will be provided ahead of classes for students to read and reflect on before each seminar. These materials will be provided on the LMS (Canvas) site. Classes will be conducted on the assumption that students have studied and reflected upon the materials and attempted to answer the questions from the seminar guide.
Strategy 2
Interactive seminars: Interactive seminars aim to enhance the ability of students to develop high-order skills such as analysis, evaluation of legal risks, and the skills of negotiation and conflict resolution. Students practise these skills through class discussion and collaborative activities which enable students to identify and explain the key principles of workplace law, analyse how those principles operate, and apply the principles in developing appropriate strategies to resolve workplace conduct problems. Class activities are scaffolded throughout the semester to develop these skills, for use in practical settings. Interactive classes will provide opportunities for students to practise skills in oral persuasion, and in negotiation of outcomes, by engagement with their peers in dealing with hypothetical problems.
Strategy 3
Collaboration on a group task. Students will be allocated to small groups to apply the knowledge gained from Topics 1 to 3, to prepare their own workplace policy materials in response to a hypothetical workplace conduct challenge. (Assessment Task 1). This task encourages the consolidation of knowledge and its application to a practical exercise. Working on this task in groups will develop students’ skills in negotiation and self-management, and will assist them in refining their drafting skills. Students will receive feedback on this exercise.
Strategy 4
Independent research and application of knowledge and analytical skills to the development of a case management report (Assessment Task 2). Students will receive feedback on their performance in this exercise before completing their final take home assignment, which consolidates their knowledge and ability to articulate legally and ethically appropriate strategies to the management of workplace culture, and resolution of workplace conflict.
Subject Delivery
Block mode - Materials will be provided to students at the commencement of session to allow them time to digest materials and prepare for a combination of zoom classes and face to face workshops later in the session.
Content (topics)
- Recognising ‘misconduct’ at work
- Employment contracts and workplace conduct policies
- Role of Codes of Conduct in meeting employers’ statutory obligations under WHS and discrimination laws
- Enterprise agreements (EBAs) and their interaction with employers’ codes of conduct
- Case studies: mandatory vaccination policies, social media policies, sexual harassment and bullying policies
- Disciplinary procedures – in contracts, codes and EBAs
- Conflict resolution – informal approaches
- Workplace investigations, and administrative law principles
- Disciplinary measures: standdown, summary dismissal
- Legal rights and remedies: Workplace bullying and stop sexual harassment orders, discrimination and negligence claims.
- Legal rights and remedies: Adverse action claims
- Alternative dispute resolution and deeds of settlement.
Assessment
Assessment task 1: Collaborative policy drafting exercise
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 5.0, 6.0 and 8.0 |
|---|---|
| Weight: | 20% |
| Length: | 500 words |
| Criteria: |
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Assessment task 2: Case management report
| Objective(s): | This task addresses the following subject learning objectives: 1, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0, 5.0 and 8.0 |
|---|---|
| Weight: | 40% |
| Length: | 2000 words |
| Criteria: |
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Assessment task 3: Take Home assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 6 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0, 5.0 and 8.0 |
|---|---|
| Weight: | 40% |
| Length: | 1200 words |
| Criteria: |
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Recommended texts
Sappideen et al Macken’s Law of Employment, 9th ed, 2022 (Thomson Reuters).
References
See the readings listed in the Modules of the Canvas site for the subject.