HRMGT302-19A (HAM)

Human Resource Management in Legal Context

15 Points

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Division of Management
School of Management and Marketing

Staff

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Convenor(s)

Mark Harcourt

Mark Harcourt
9277
MSB.4.12
By Appointment
mark.harcourt@waikato.ac.nz

Lecturer(s)

Administrator(s)

: f.mostafa@waikato.ac.nz
: helena.wang@waikato.ac.nz
: lori.jervis@waikato.ac.nz

Placement Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: nat.enright@waikato.ac.nz

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Paper Description

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This paper is designed to address the increasingly important role of employment law in human resource management.
Students are exposed to current employment laws as they relate to issues such as health and safety, discrimination, harassment, strikes, individual agreements, collective agreements and dismissal.

This paper has a strong practical orientation, where students are expected to discuss short legal cases in class. Although these cases have been written by the lecturer, they are typically based on real-world situations or real-world legal cases. The focus is on providing students with the skills and knowledge required to handle employment law situations as they might actually arise. As such the course is suitable for a wide variety of people: business owners, managers, employees, other workers, consultants, civil servants (mediators at MBIE, for example), I/O psychologists, and consultants.

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Paper Structure

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This paper is taught principally through lectures, but there are also two debates. The debates are scheduled for regular class time.

The lectures usually comprise two or more of the following three main components: lecture time, where the lecturer delivers the material in a conventional lecture format with powerpoint; class discussion of legal cases; and class discussion of essay-type questions.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Health and Safety
    Identify hazards, identify prevention steps, and explain whether the prevention steps are practicable, with reference to a case example
    Linked to the following assessments:
  • Dismissal
    Explain whether a dismissal has been carried out with substantive grounds in a procedurally fair manner, with reference to a case example
    Linked to the following assessments:
  • Employees versus Contractors
    Explain whether a worker is an employee or individual contractor, with reference to a case example
    Linked to the following assessments:
  • Strikes
    Explain whether an action is a strike and whether it’s lawful or unlawful, with reference to a case example
    Linked to the following assessments:
  • Individual versus Collective Agreements
    Identify the legal requirements of individual and collective agreements
    Linked to the following assessments:
  • Individual Agreements versus Collective Agreements
    Explain why a worker would wish to join a union or remain non-union
    Linked to the following assessments:
  • Freedom of Association
    Compare freedom of association in New Zealand law as opposed to laws overseas
    Linked to the following assessments:
  • Personal Grievances and Mediation
    Explain how and when employees can take a personal grievance and what they can expect at mediation
    Linked to the following assessments:
  • Policy Reforms
    Explain the likely consequences of adopting particular employment law policy reforms in New Zealand
    Linked to the following assessments:
  • Discrimination
    Explain whether a worker has suffered discrimination involving a prohibited ground, with reference to a case example.
    Linked to the following assessments:
  • Harassment
    Explain whether a worker has suffered sexual or racial harassment (as defined by HRA or ERA), with reference to a case example.
    Linked to the following assessments:
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Assessment

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The exam is very similar in content and structure to the test (please see the test information below). It contains cases, where students are asked to apply legal concepts learned in class, and essay-type questions, which involve topics that have been discussed in class (and for which the readings are likely to be relevant).

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 60:40. There is no final exam. The final exam makes up 40% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 60:40 or 0:0, whichever is more favourable for the student. The final exam makes up either 40% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Test
3 May 2019
1:00 PM
20
  • Hand-in: In Lecture
2. Debate
10 May 2019
1:00 PM
20
  • In Class: In Lecture
3. Health and Safety Assignment
31 May 2019
11:30 PM
20
  • Online: Submit through Moodle
4. Exam
40
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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Perrin, R. (2004). Pocket Guide to APA Style. Boston: Houghton MifflinISBN 0-168-30820-2 This guide will serve you well in developing your scholarly writing. In addition to details on APA style, there are sections that illustrate the difference

Statutes, Contracts and Common Law

Thaler, Richard, and Sunstein, Cass, 2003, Libertarian paternalism, American Economic Review, 93, 2, 175-179.

Individual and Collective Agreements; Independent Contractors versus Employees

Freeman, Richard, and Medoff, James, 1984, What Do Unions Do? New York: Basic Books, 3-25.

Mitchell, Daniel, and Erickson, Christopher, 2005, "Monopsony: Today's New Labor-Market Reality," WorkingUSA: The Journal of Labor and Society, 8, 671-682.

Mitchell, Daniel, and Erickson, Christopher, 2005, "De-Unionization and Macro Performance: What Freeman and Medoff Didn't Do," Journal of Labor Research, 26, 2, 183-208.

Freedom of Association (voluntary versus compulsory unionism)

Charlwood, Andy, and Haynes, Peter, 2008, "Union Membership Decline in New Zealand," Journal of Industrial Relations, 50, 1, 87-110.

Delaney, John, 1998, "Redefining the Right-to-Work Debate: Unions and the Dilemma of Free Choice," Journal of Labor Research, 19, 3, 425-443.

Godard, John, 1994, Industrial Relations: The Economy and Society, Toronto: McGraw-Hill Ryerson Limited, 323-326.

Olson, Mancur, 1971, The Logic of Collective Action, Cambridge, Massachusetts: Harvard University Press, 53-97.

Works Councils

Addison, John T., 1999, "Nonunion representation in Germany," Journal of Labor Research, 20, 1, 73-91.

Fairris, David, and Askenazy, Philippe, 2010, "Works Councils and Firm Productivity in France," Journal of Labor Research, 31, 3, 209-229.

Lewin, David, and Mitchell, Daniel, 1992, "Systems of Employee Voice: Theoretical and Empirical Perspectives," California Management Review, 34, 3, 95-101.

Wigboldus, Jan Ekke, Looise, Jan Kees, and Nijhof, Andre, 2008, "Understanding the Effects of Works Councils on Organizational Performance: A Theoretical Model and Results from Initial Studies from the Netherlands," Management Revue, 19, 4, 307-323.

Union Recognition and Access

Godard, John, 1994, Industrial Relations: The Economy and Society, Toronto: McGraw-Hill Ryerson Limited, 279-285.*

Godard, J. 2003."Do Labor Laws Matter? The Density Decline and Convergence Thesis Revisited," Industrial Relations, 42, 458-492.

Harcourt, Mark, and Haynes, Peter, 2011, "Accommodating Minority Unionism: Does the New Zealand Experience Provide Options for Canadian Law Reform," Canadian Labour and Employment Law Journal, 16, 51-79. (available in L drive)

* Godard outlines union certification (recognition) procedures in Canada and its provinces.

Disputes and Grievances

McAndrew, Ian, 2002, "Research notes: Determinations of the employment relations authority," New Zealand Journal of Industrial Relations, 27, 3, 323-337.

Institutions

Dumbleton, Alastair, 2001, "The Employment Relations Authority Gets Under Way," New Zealand Journal of Industrial Relations, 26, 1, 119-130.

Martinez-Pecino, Roberto, Munduate, Lourdes, Medina, Francisco, and Euwema, Martin, 2008, "Effectiveness of Mediation Strategies in Collective Bargaining," Industrial Relations, 47, 3, 480-495.

Feuerbach-Twomey, Rosemarie, "Mediation and its Merits as an Alternative Method of Employer-Employee Dispute Resolution," Competition Forum, 4, 2, 414-420.

Right to Strike

Baker, David, 2003, "Policing Industrial Disputation: Lessons from the Lyttleton Picket Line Tragedy," New Zealand Journal of Industrial Relations, 28, 3, 258-270.

Godard, John, 1998, "Strikes and the Law," Relations Industrielles, 53, 2, 258-277.

Hornsby-Geluk, Susan, 2012, "An Uneven Playing Field - Partial Strikes", New Zealand Journal of Employment Relations, 37, 1, 60-69.

MacKay, Paul, 2013, "The Right to Strike: Commentary," New Zealand Journal of Employment Relations, 38, 3, 58-70.

Discrimination & Harassment

Blackwood, Kate, Bentley, Tim, Catley, Bevan, Tappin, David, and Forsyth, Darryl, 2012, "Out of Step? The Efficacy of Trans-Tasman Law to Combat Workplace Bullying," New Zealand Journal of Employment Relations, 38, 1, 27-41.

Debono, Julie, 2001, "Sexual Harassment in Employment: An Examination of Decisions Looking for Evidence of Sexist Jurisprudence," New Zealand Journal of Industrial Relations, 26, 3, 329-340.

Keith, Michael, 2000, "Sexual Harassment Case Law Under the Employment Contracts Act," New Zealand Journal of Industrial Relations, 25, 3, 277-289.

Dismissal & Redundancy (includes Employment at-Will)

McCall, John, 2003, "A Defense of Just Cause Dismissal Rules," Business Ethics Quarterly, 13, 2, 151-175.

Radin, Tara, and Werhane, Patricia, 2003, "Employment-at-Will, Employee Rights, and Future Directions for Employment," Business Ethics Quarterly, 13, 2, 113-130. Paul Weiler's 1990 book, Governing the Workplace: The Future of Labour and Employment Law, also has some important information about employment at-will.

Health and Safety

Gunby, Philip, 2011, "How bad is the state of occupational fatalities in New Zealand", New Zealand Journal of Employment Relations, 36, 1, 35-51. Lamm, Felicity, Massey, Claire, and Perry, Martin, 2007, "Is there a link between Workplace Health and Safety and Firm Performance and Productivity," New Zealand Journal of Employment Relations, 32, 1, 72-86.

Templer, Leanne, 2012, "New Zealand and the proposed Australian model workplace health and safety act", New Zealand Journal of Employment Relations, 37, 1, 90-99. Weil, David, 1999, "Are mandated health and safety committees substitutes for or supplements to labor unions?" Industrial and Labor Relations Review, 52, 3, 339-360.

Privacy Act

Roth, Paul, 2003, "Confidential employment references: Access denied?" New Zealand Journal of Industrial Relations, 28, 1, 91-107.

Good Faith

Nuttal, Pam, 2008, "Reviewing the communication cases: Christchurch City Council revisited," New Zealand Journal of Employment Relations, 33, 2, 45-55.

Templer, Leanne, 2012, "Good faith in collective bargaining communications in Australia and New Zealand", New Zealand Journal of Employment Relations, 37, 1, 30-43.

Collective Bargaining

Cialdini, Robert, and Goldstein, Noah, 2002, "The Science and Practice of Persuasion," Cornell Hotel and Restaurant Administration Quarterly, 43, 2, 40-50.

Garaudel, Pierre, Noel, Florent, and Schmidt, Geraldine, 2008, "Overcoming the risks of restructuring through the integrative bargaining process: Two case studies in a French context," Human Relations, 61, 9, 1293-1331.

Luthy, Michael, Ryan, Mike, Desselle, Bettye, and Byrd, John, 2007, "Developing a Strategic Negotiation Plan: Toyota Highlander," Journal of the International Academy for Case Studies, 13, 4, 51-59.

McKersie, Robert, Sharpe, Teresa, Kochan,Thomas, Eaton, Adrienne, Strauss,George, and Morgenstern,Marty,2008, "Bargaining Theory Meets Interest-Based Negotiations: A Case Study," Industrial Relations, 47, 1, 66-96.

Perdue, Barbara, 1992, "Ten Aggressive Bargaining Tactics of Industrial Buyers," Journal of Business and Industrial Marketing, 7, 2, 45-52.

Vetschera, Rudolf, and Filzmoser, Michael, 2008, "A Classification of Bargaining Steps and their Impact on Negotiation Outcomes," Group Decision and Negotiations, 17, 421-443.

Recommended Book

Rudman, Richard, 2016, New Zealand Employment Law Guide, Auckland: CCH New Zealand

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Online Support

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This paper will be supported online via the HRMGT302 Moodle page.
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Workload

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HRMGT302 is a 15 point paper and students should expect to spend 150 hours learning overall.

Students should spend 50 hours attending lectures. A further 50 hours should be spent doing the readings, many of which relate to the essay-type topics on the test and the exam or to the debate topics. The remaining 50 hours should be spent preparing for the debate, bargaining simulation, test, and exam.

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Linkages to Other Papers

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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: HRMG301 and HRMG401

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