Essential guide to employment law
Essential guide to employment law
Employment law in Australia governs the rights and responsibilities of employers, employees, and contractors, making it essential for lawyers to stay informed. Understanding this dynamic area allows legal practitioners to ensure compliance, navigate complex issues, and provide valuable guidance on contracts, termination, workplace entitlements, and disputes. Being well-versed in employment law helps lawyers address challenges effectively and uphold fairness and accountability in the workplace.
This bundle of practice guides will build your skillset and capabilities across four essential and practical modules. You’ll learn:
- An introduction to employement law and contracts
- Employment duties and entitlements
- Employment liability and litigation; and
- Termination of employment
Termination of employment - skills series
Termination of employment is more than the end of a working relationship—it’s a critical moment where rights, responsibilities, and protections converge.
This course takes you through the legal landscape of employment termination, from the employer’s obligations during dismissal to the employee’s rights when initiating a resignation. You'll uncover the nuances of general protections, essential procedures, and the pathways to resolution through settlements and enforcement.
At the end of the course, you will be able to:
- Articulate the legal framework governing dismissal applications, focusing on the Fair Work Act 2009 (Cth) and the role of the Fair Work Commission.
- Identify employer rights for terminating employment contracts with or without notice, and assess alternative termination methods such as resignation or redundancy.
- Assess workplace scenarios for compliance with anti-discrimination legislation and evaluate employee rights under general protections.
- Outline the dismissal application process and explore settlement options, while understanding the Fair Work Ombudsman’s role and the types of payments available upon termination.
Course Structure
- Termination by employer
- Termination by employee and other reasons
- General protections and terminiation procedures
- Settlements and enforcement
Introduction to employment and contracts – skills series
The workplace is more than just a hub of daily tasks—it's a complex web of rights, responsibilities, and relationships. Whether you're shaping policies as an employer, advocating as an employee, or navigating the nuances of human resources, understanding the foundation of employment law is pivotal.
This course goes beyond the basics of employment contracts and relationships; it equips you with the tools to confidently navigate workplace dynamics.
At the end of the course, you will be able to:
- Explain the key sources of Australian employment law, including common law and state and federal legislation, and describe how these sources intersect.
- Apply legal tests to identify whether a worker is classified as an "employee" and understand different types of employment contracts, including the specific requirements for validity.
- Distinguish between express and implied terms in employment contracts, including how implied terms may be excluded and policy documents incorporated.
- Differentiate between awards, enterprise agreements, and common law contracts within the employment law framework.
Course Structure
- Introduction to employment
- Employment vs other relationships
- Types of employment contracts
- Contents of an employment contract
Employment liability and litigation - Skills series
Employment law is not just about resolving disputes—it's about understanding the boundaries of accountability and the rights that protect everyone involved. This course dives into the core of liability and statutory claims, revealing how responsibilities for employee actions shape workplace dynamics.
From unfair dismissal and general protections to addressing discrimination, harassment, and breaches of contract, we’ll uncover the legal frameworks that safeguard fairness and uphold justice. By understanding these critical issues, you’ll be better equipped to navigate the complexities of employment law with confidence and clarity.
At the end of the course, you will be able to:
- Understand the employer's legal duties of care in tort and contract, including vicarious liability and indemnification.
- Identify the requirements for statutory claims such as unfair dismissal, adverse action, and unlawful termination.
- Analyse the framework for discrimination, harassment, and bullying claims in the workplace.
- Recognise circumstances for breach of contract claims and determine the appropriate forums for legal action.
Course Structure
- Liability for employee actions
- Statutory claims – unfair dismissal
- Statutory claims – general protections, adverse action and unlawful termination
- Discrimination, harassment and breach of contract (pre-and-post-termination)
Employment duties and entitlements – skills series
The workplace thrives when respect and accountability become more than legal obligations—they become guiding principles. This course explores the mutual and individual duties of employers and employees, uncovering how these responsibilities shape a culture of trust and cooperation.
By understanding employment entitlements and effective management practices, you’ll see how clarity in roles and rights fosters not only compliance but also a more collaborative, productive, and empowered workforce.
At the end of the course, you will be able to:
- Identify and explain the mutual and individual duties of employers and employees, including implied duties like mutual confidence and loyalty.
- Assess and provide advice on issues related to restraints of trade and employee conduct, including serious misconduct and behaviour outside the workplace.
- Understand and apply the legal framework for performance management, workplace investigations, and the implications of the National Employment Standards.
- Analyse how Modern Awards, enterprise agreements, and industrial instruments interact with employment contracts to determine employee entitlements.
Course Structure
- Mutual duties of employers and employees
- Individual duties of employers and employees
- Managment of employees
- Employment entitlements
Termination of employment - skills series
Termination of employment is more than the end of a working relationship—it’s a critical moment where rights, responsibilities, and protections converge.
This course takes you through the legal landscape of employment termination, from the employer’s obligations during dismissal to the employee’s rights when initiating a resignation. You'll uncover the nuances of general protections, essential procedures, and the pathways to resolution through settlements and enforcement.
At the end of the course, you will be able to:
- Articulate the legal framework governing dismissal applications, focusing on the Fair Work Act 2009 (Cth) and the role of the Fair Work Commission.
- Identify employer rights for terminating employment contracts with or without notice, and assess alternative termination methods such as resignation or redundancy.
- Assess workplace scenarios for compliance with anti-discrimination legislation and evaluate employee rights under general protections.
- Outline the dismissal application process and explore settlement options, while understanding the Fair Work Ombudsman’s role and the types of payments available upon termination.
Course Structure
- Termination by employer
- Termination by employee and other reasons
- General protections and terminiation procedures
- Settlements and enforcement
Introduction to employment and contracts – skills series
The workplace is more than just a hub of daily tasks—it's a complex web of rights, responsibilities, and relationships. Whether you're shaping policies as an employer, advocating as an employee, or navigating the nuances of human resources, understanding the foundation of employment law is pivotal.
This course goes beyond the basics of employment contracts and relationships; it equips you with the tools to confidently navigate workplace dynamics.
At the end of the course, you will be able to:
- Explain the key sources of Australian employment law, including common law and state and federal legislation, and describe how these sources intersect.
- Apply legal tests to identify whether a worker is classified as an "employee" and understand different types of employment contracts, including the specific requirements for validity.
- Distinguish between express and implied terms in employment contracts, including how implied terms may be excluded and policy documents incorporated.
- Differentiate between awards, enterprise agreements, and common law contracts within the employment law framework.
Course Structure
- Introduction to employment
- Employment vs other relationships
- Types of employment contracts
- Contents of an employment contract
Employment liability and litigation - Skills series
Employment law is not just about resolving disputes—it's about understanding the boundaries of accountability and the rights that protect everyone involved. This course dives into the core of liability and statutory claims, revealing how responsibilities for employee actions shape workplace dynamics.
From unfair dismissal and general protections to addressing discrimination, harassment, and breaches of contract, we’ll uncover the legal frameworks that safeguard fairness and uphold justice. By understanding these critical issues, you’ll be better equipped to navigate the complexities of employment law with confidence and clarity.
At the end of the course, you will be able to:
- Understand the employer's legal duties of care in tort and contract, including vicarious liability and indemnification.
- Identify the requirements for statutory claims such as unfair dismissal, adverse action, and unlawful termination.
- Analyse the framework for discrimination, harassment, and bullying claims in the workplace.
- Recognise circumstances for breach of contract claims and determine the appropriate forums for legal action.
Course Structure
- Liability for employee actions
- Statutory claims – unfair dismissal
- Statutory claims – general protections, adverse action and unlawful termination
- Discrimination, harassment and breach of contract (pre-and-post-termination)
Employment duties and entitlements – skills series
The workplace thrives when respect and accountability become more than legal obligations—they become guiding principles. This course explores the mutual and individual duties of employers and employees, uncovering how these responsibilities shape a culture of trust and cooperation.
By understanding employment entitlements and effective management practices, you’ll see how clarity in roles and rights fosters not only compliance but also a more collaborative, productive, and empowered workforce.
At the end of the course, you will be able to:
- Identify and explain the mutual and individual duties of employers and employees, including implied duties like mutual confidence and loyalty.
- Assess and provide advice on issues related to restraints of trade and employee conduct, including serious misconduct and behaviour outside the workplace.
- Understand and apply the legal framework for performance management, workplace investigations, and the implications of the National Employment Standards.
- Analyse how Modern Awards, enterprise agreements, and industrial instruments interact with employment contracts to determine employee entitlements.
Course Structure
- Mutual duties of employers and employees
- Individual duties of employers and employees
- Managment of employees
- Employment entitlements
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Frequently Asked Questions
This bundle will benefit:
- Lawyers wanting to build practical foundational knowledge and skills
- Mid-career lawyers considering a move into transactional work or who do occasional work in this area
- Senior lawyers looking to confirm and test their knowledge
The course contains content that falls within the mandatory CPD categories of:
- Professional skills
- Substantive law
With our online on-demand interactive courses, you can learn when and where it suits you. We’ve designed each course to provide both education and enjoyment.
Each course offers a mix of engaging exercises, where you’ll gain access to:
- Interactive activities to challenge your understanding and put your knowledge to the test. You’ll also enjoy engaging exercises, such as flip cards, quizzes and drafting activities.
- Clearly identified outcomes so you know precisely what you’ll learn – and the skills you’ll gain. You’ll also be able to track your development and focus on key improvement areas.
- Extended course access so you can reference the material as you need – or revisit it should life get in the way.
- Feedback and template answers so you can refine your skills, grow your knowledge and gain fresh insights.
Each on-demand bundle contains four in-depth learning resources so you can boost your essential knowledge and skills across a practice area – more affordably.
With a bundle, you’ll earn eight CPD points, while saving 40% on the single courses.
Go in-depth as you comprehensively explore a specific practice area. Learn interactively across engaging formats like step-by-step guides, practice guides and skill series. And gain helpful learning resources you can reference when you encounter similar situations in practice.
Access each module on the College’s learning portal. When you buy a single, you’ll have 24/7 unlimited access for 12-months from the date of purchase.
Does this educational activity extend your knowledge and skills in areas that are relevant to your practice needs or professional development?
If so, and you’re not a WA practitioner, you should claim 1 unit for each hour of participation, not including breaks.
Please check your local CPD rules for any caps on activity types, such as the private study of non-interactive audio/visual materials. You are responsible for keeping your own CPD records and complying with your local CPD rules.
No. Western Australian practitioners who complete our on-demand courses are currently unable to claim CPD points.
However, you may earn CPD points by attending select live CPD events or by completing select CPD Interactive modules.