HR Law Questions to Answer

Instructions: please read carefully


This exercise requires you to answer five short-answer questions (no more than 500 words each, although 10% either way is OK).

  • The aim of this assessment is to encourage you to discuss a broad range of course materials in a knowledgeable, well supported and reflective manner.
  • Your answers should be in an abbreviated essay format, including very brief introductions and conclusions. They should respond to the set question and be clearly and consistently referenced.
  • Each answer may be supported by a variety of materials, including media and internet sources, but you are expected to make reference to a minimum of 2-3 academic sources in each answer.
  • You may do further reading if you wish, but a majority of sources that support each question must be recommended course readings; students who choose obscure sources or sources from other courses typically do not do well.
  • Think about the year of publication of your sources and don’t use outdated material, except for historical purposes. Also think about the jurisdictions discussed – this is a course about Australian labour law and any comparative material from other jurisdictions should be used consciously and carefully.
  • Use Harvard referencing. Except for Harvard in-text citations, references are not included in the word count.
  • Wherever appropriate, in-text references must include page numbers.
  • The references that pertain to each answer should immediately follow that answer and should not be collected at the end of the paper.
  • Concise answers that pack lots of substance into the word limit will be highly regarded. Don’t waste words on rambling sentences, repetition, or material that should go in the references.
  • Please see the rubric on the last page for further assessment criteria.
  • Do not assume you can do well if you leave this paper until the last minute. Regular work on it during the term will give you the best chance of success.


















Question 1:

What constitutes ‘accessorial liability’? Use an FWO case to illustrate your answer.


Question 2:

How does Australian labour law regulate flexible working hours?


Question 3:

Do Australian union members have a right to strike? Use McCrystal’s work to illustrate your answer.


Question 4:

Is mandatory drug testing in workplaces a violation of employees’ right to privacy? Use Holland’s work to illustrate your answer.


Question 5:

What are the key elements of a ‘constructive dismissal’? Use a Fair Work Commission case to illustrate your answer.



See over for rubric….













Rubric for SAQs – 50% (10 marks for each question).

  • Feedback comments relating to individual questions will be placed directly on your assignment.
  • Feedback provided through this rubric is designed to reflect the overall quality of your responses.
  Needs major/some improvement to pass


Satisfactory but some problems




Very good to excellent



Level of understanding, depth of analysis, and ability to apply, relevant knowledge and concepts

Argument lacks insight. Closer attention to the question is required.


Argument is based on basic understanding of key concepts. Argument is based on reasonable understanding of key concepts. Student makes an insightful and well supported argument.
Literature Application and/or comprehension of literature not demonstrated.


Use of literature is adequate but could be improved. Use of literature demonstrates effort and understanding. Literature chosen well and crafted insightfully.
Integration of theory and researched examples from the academic literature Ability to integrate theory and real-world examples not demonstrated.


Integration is partial and could be improved. Good linking of theory with real-world examples. Insightful use of theory to explain a real-world example.

Logical structure and coherence of argument/conclusions


The argument does not flow very well or is not well supported.


Argument is present but needs improvement. Argument is clear and coherent. The argument is very strong, well structured and integrated.

Clarity of communication

The expression is unclear and makes it difficult to ascertain meaning.


The expression is generally fine, but with some errors. No marks are lost for minor errors. Clear written expression. Superior level of written communication.

Ability to reference in a consistent and diligent fashion

Absent or very poor citations. You may lose marks for this because it affects all other criteria.


Referencing present, but poorly formatted. Referencing generally good, but some mistakes. Unblemished referencing.


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