Labor and Employment Law Course

Lesson 1 • Sources of Labor Law

Maps the hierarchy of regulatory sources: statutes, collective agreements, workplace policies, and custom. Students apply this hierarchy to resolve conflicts between competing norms.

Lesson 2 • The Employment Relationship Defined

Covers the legal elements that distinguish employment from independent contracting. Establishes the baseline for all subsequent dismissal and claims analysis.

Lesson 3 • Employer Powers and Limitations

Examines the scope of managerial prerogative and its legal limits. Connects employer authority to the lawful grounds for disciplinary action and dismissal.

Lesson 4 • Core Employee Rights and Duties

Identifies fundamental rights—wages, safe conditions, non-discrimination—and corresponding employee duties. Grounds later dismissal analysis in the mutual obligations of the employment contract.

Lesson 1 • Constructive Dismissal Analysis

Examines employer conduct that forces resignation, treating it as a dismissal. Students identify triggering acts and connect them to wrongful dismissal remedies.

Lesson 2 • Prohibited and Automatically Unfair Dismissals

Identifies dismissals that are unlawful regardless of procedure: retaliation, discrimination, and protected-activity dismissals. Establishes the highest-risk category for employer liability.

Lesson 3 • Economic and Structural Grounds

Covers objective grounds rooted in business necessity: redundancy, restructuring, and technological change. Students assess whether economic justification meets the legal threshold.

Lesson 4 • Just Cause in Disciplinary Dismissal

Analyzes the conduct-based grounds that justify immediate termination without notice. Links each ground to the proportionality and procedural requirements examined later.

Lesson 1 • Notice Requirements and Timelines

Covers statutory and contractual notice periods, payment in lieu, and garden leave. Connects notice rules to the calculation of compensation in wrongful dismissal claims.

Lesson 2 • Drafting Dismissal Letters and Records

Teaches the structure and content of legally sound dismissal correspondence. Proper documentation is the primary defense in subsequent tribunal or court proceedings.

Lesson 3 • Collective Consultation Obligations

Addresses mandatory consultation with employee representatives in collective redundancies. Failure to consult triggers separate statutory liability independent of individual dismissal claims.

Lesson 4 • The Disciplinary Hearing Process

Details the steps for a fair disciplinary hearing: written charges, right to respond, and impartial decision-making. Procedural compliance here directly reduces unfair dismissal exposure.

Lesson 1 • Accrued Leave and Benefits on Exit

Covers the liquidation of unused vacation, bonuses, and deferred benefits at termination. Errors in benefit calculation are a frequent source of supplementary claims.

Lesson 2 • Tax Treatment of Termination Payments

Identifies which termination payments are taxable and which qualify for exemptions. Correct tax characterization affects net settlement value and client advice.

Lesson 3 • Reinstatement as a Remedy

Analyzes when reinstatement or re-engagement is ordered and how it interacts with back-pay awards. Students advise clients on the strategic implications of seeking reinstatement.

Lesson 4 • Damages in Wrongful Dismissal Claims

Distinguishes compensatory damages from punitive awards and explains the duty to mitigate. Students quantify loss of earnings and non-economic harm for pleadings and negotiations.

Lesson 1 • Limitation Periods and Filing Deadlines

Maps the time limits for each claim type and the consequences of missing them. Deadline management is the first critical skill in any labor litigation practice.

Lesson 2 • Case Management and File Organization

Establishes systems for organizing the claim file, tracking deadlines, and managing client communication. Efficient case management prevents procedural errors and supports strategic decisions.

Lesson 3 • Pre-Trial Motions and Defenses

Introduces procedural defenses—lack of jurisdiction, res judicata, and prescription—and how to raise them. Early motions can resolve claims before costly hearings.

Lesson 4 • Drafting the Initial Claim

Teaches the structure of a labor claim: parties, facts, legal grounds, and relief sought. A well-drafted claim frames the entire proceeding and limits later amendments.

Lesson 1 • Valuing the Claim Before Negotiating

Teaches quantitative and qualitative assessment of claim value before entering settlement talks. Accurate valuation prevents under-settlement and supports realistic client expectations.

Lesson 2 • Enforcing and Challenging Settlements

Examines grounds for voiding a settlement—duress, misrepresentation, lack of capacity—and enforcement mechanisms. Students advise clients on the durability of agreements reached.

Lesson 3 • Drafting the Settlement Agreement

Details the essential clauses of a labor settlement: release, confidentiality, non-disparagement, and payment terms. Poorly drafted releases create future liability for the advising lawyer.

Lesson 4 • Conducting the Settlement Conference

Covers preparation, opening positions, and concession management in a settlement conference. Students practice structured dialogue techniques that move parties toward agreement.

Lesson 1 • Legal Submissions and Written Arguments

Develops the structure and persuasive logic of written and oral legal submissions. Strong submissions synthesize facts and law into a coherent narrative for the decision-maker.

Lesson 2 • Understanding the Tribunal Process

Maps the procedural stages of a labor tribunal hearing from filing to decision. Familiarity with the process allows lawyers to anticipate and prepare for each stage.

Lesson 3 • Examination and Cross-Examination Techniques

Teaches open questioning on direct examination and control techniques on cross-examination. Mastery of examination technique is the core advocacy skill in labor proceedings.

Lesson 4 • Preparing Witnesses for Testimony

Covers witness preparation: proofing statements, rehearsing examination, and managing anxiety. Well-prepared witnesses are the most persuasive element of any labor hearing.

Lesson 1 • Advising on High-Risk Terminations

Covers the legal and reputational risks in terminating protected employees, senior executives, and whistleblowers. Students structure advice that balances business objectives with legal exposure.

Lesson 2 • Building a Preventive Labor Law Practice

Shifts focus from reactive litigation to proactive client counseling and training. A preventive practice generates recurring revenue and deepens client relationships.

Lesson 3 • Auditing Dismissal Policies and Procedures

Teaches a systematic review of employer disciplinary and dismissal policies for legal compliance. Proactive auditing prevents claims before they arise and demonstrates good faith.

Lesson 4 • Managing Litigation Risk and Exposure

Introduces quantitative risk assessment tools for labor litigation portfolios. Students advise clients on reserve-setting, insurance, and litigation strategy at the portfolio level.