An ASSIGNMENT 3000 WORDS weighted at 35%.
A VIVA of 10 minutes weighted at 15%
An EXAM length 2 HOURS weighted at 50%

The timing of assessments and Learning Outcomes assessed is as follows:
1. End of Semester 1 3,000 word assignment (35%). Learning Outcomes 1, 2, 5, 6.
2. End of Semester 1 10 minute viva (15%). Learning Outcomes 1, 2, 5, 6.
3. End of Semester 2 unseen 2 hour examination (50%). Learning Outcomes 1, 2, 3, 4, 5, 6.

A formative assessment will take place prior to the summative assessment.

To pass this module, students must obtain a mark of at least 40%. Students must obtain at least 25% in each element of assessment in the module.

In Semester 1, we consider the following topics:

1) International Labour Standards and Sri Lankan Labour Law
Core International Labour standards in relation to Sri Lankan Labour Law;
Sri Lanka's national labour relations system on problems of child labour, discrimination and equal remuneration and forced labour encountered by children, women and migrant workers and the impact of international labour standards

2) The nature of the contract of employment
Distinction between contract of employment & independent contractors; Definition of employer & employee

3) Types of Employment
Probationer, fixed term contractual employee, temporary employee, casual employee, apprenticeship

4) Sectors of Employment (Private and Public)
Including appointments, transfers, extensions and terminations in the Public sector and the application of Constitutional Provisions

Consideration is given to the operation of the employment relationship, including contractual aspects and statutory regulation.

In Semester 2, we consider the following topics:

5) Industrial Disputes Act
Dispute settlement mechanisms under IDA: conciliation, arbitration and Labour Tribunals; Powers of Labour Tribunals; just and equitable jurisdiction of labour tribunals

6) Remedies under the Industrial Disputes Act
Reinstatement; compensation; gratuity

7) Termination of Employment
Disciplinary termination; Non-disciplinary Termination under Termination of Employment of Workman Act

1. DEMONSTRATE THE ABILITY TO SHOW A THOROUGH CRITICAL UNDERSTANDING OF INTERNATIONAL LABOUR STANDARDS AND SRI LANKAN LEGISLATION AND CASE LAW RELATING TO DISCRIMINATION, CHILD LABOUR, EQUAL PAY AND FORCED LABOUR
Knowledge & Understanding

2. DEMONSTRATE THE ABILITY TO EXPLAIN THE ESSENTIAL PRINCIPLES BEHIND; THE EMPLOYMENT RELATIONSHIP, THE FORMATION OPERATION AND TERMINATION OF THE CONTRACT OF EMPLOYMENT, INCLUDING DIFFERENTIATION BETWEEN THE PUBLIC AND PRIVATE SECTOR CONTRACT OF EMPLOYMENT
Knowledge & Understanding

3. DEMONSTRATE THE ABILITY TO APPLY THE LAW TO A GIVEN SET OF FACTS AND CRITICALLY ANALYSE THE LAW AND KEY ISSUES RELATING TO LABOUR LAW
Application
Knowledge & Understanding
Analysis

4. DEMONSTRATE THE ABILITY TO SHOW A THOROUGH CRITICAL UNDERSTANDING OF 'STATUS' AS A GATEWAY TO EMPLOYMENT RIGHTS AND RESPONSIBILITIES, THE LAW RELATING TO DISPUTE RESOLUTION MECHANISMS UNDER THE INDUSTRIAL DISPUTES ACT, TERMINATION OF THE CONTRACT OF EMPLOYMENT AND REMEDIES
Enquiry
Communication
Problem-solving
Reflection

5. DEMONSTRATE THE ABILITY TO CRITCIALLY ANALYSE CORE INTERNATIONAL LABOUR STANDARDS AND SRI LANKAN LABOUR LAW
Analysis
Communication
Enquiry

6. DEMONSTRATE THE ABILITY TO SHOW EFFECTIVE WRITTEN AND ORAL COMMUNICATION SKILLS
Analysis
Communication
Enquiry

MODULE LEARNING STRATEGY - this is based around students committing to a total of 300 hours of activities towards achieving the learning outcomes. These are split between 72 hours of direct contact with a tutor and 228 hours of directed, guided and self-study, together with preparation for and completion of assessment tasks. A blend of teaching methods will be used, facilitating different styles of learning. These will also provide a platform for the development of essential skills including intellectual skills, communication, problem-solving, research, teamwork, negotiation, presentation, and the effective use of IT. Activities will be supported by guided learning and independent learning/enquiry.

WHOLE GROUP/LECTURE SESSIONS – these will be used to introduce new topics in the programme and to provide opportunities for shared learning experiences for all cohort participants, assisted by buzz sessions, and problem and practice-based tasks and activities. New topics and themes introduced in these sessions will be developed further in small-group/workshop sessions

SMALL GROUP SESSIONS/WORKSHOPS – these comprise learning activities organised around Contracts and Industrial Disputes topics and themes which will have been introduced in the whole-group/lecture sessions. Participants undertake preparatory directed study and research, assisted by on-line systems like Lexis Library, Practical Law, and Westlaw. Workshops include exercises in which participants engage in ‘client’ and adviser role plays, discuss and draft pre-review formal complaints based on scenarios and case studies, and engage in other problem-based exercises. An emphasis is on student interaction, team-working, and demonstration of knowledge, and the application of knowledge. Post-workshop reflective work is a further feature (with opportunities to undertake follow-up study or collaborative learning activities).
Participants are expected to prepare for workshops effectively, and to maintain a journal recording their work, including their preparation for, and contribution to, the workshops


GUIDED LEARNING & INDEPENDENT STUDY/ENQUIRY - guided learning work will comprise a mix of activities, some of which will require group work, completion of pre-sessional tasks, and use of on-line systems and resources. Learning will be facilitated by use of the VLE platform and interactions between students and tutors. Besides guided learning tasks, other study will take the form of pre-sessional enquiry linked to specific tasks, post-sessional reflective work, and preparatory work linked to assessment tasks. Independent, self-managed enquiry is an important feature of the programme, including enquiry in pursuit of particular interests. It is expected that around 100 hours will be devoted to the completion of assessment tasks. Students are expected to be familiar with current issues and debates on administrative justice and human rights issues. Debate on these is assisted by the facility of student contributions to the ‘Topical Issues & New Developments’ section of the module’s Blackboard site


Total Learning - 300 Hours

Access to relevant legislation, case law, texts, journals, online databases, module study guide

FOR APIIT STUDENTS ONLY

S Scharenguivel (ed), Contract of Employment: Cases and Commentaries (Law and Society Trust 2011)
SR De Silva, Contract of Employment (Employers' Federation of Ceylon 1998)
SR De Silva, Law of Dismissal (Employers' Federation of Ceylon 2004)
SR de Silva, The Transformation of Labour Law and Relations (Stamford Lake, 2004)
J Duddington, Employment Law (2nd ed Longman 2007)