LA30D
Discrimination in Employment |
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1. General
This course will be taught in the first semester of Year III of the
LL.B.
programme.
2. Course Objective
This course will attempt to examine the several broad areas of discrimination
which exist in employment and posit solutions to the problem. It will
draw on
the increasing legislation on specific areas (such as race, equal
pay), the ILO
Conventions and case-law on the subject and the dynamic and contemporary
jurisprudence which is emerging from the courts.
The course will also attempt to straddle the public law arena as the
underlying
notions supporting legal solutions to the problem of discrimination
in
employment - from public law.
As such, the subject area covered will satisfy both students wishing
to enhance
their appreciation of the dynamism of public law and labour law oriented
students who are interested in the more contemporary issues in labour
law.
Further, it offers a rare opportunity to examine law operating in
its proper
context in society, an aim which the Faculty of Law has already embraced.
3. Course Content
Types of discrimination to be covered will include Gender, Race, Hours
of Work
(part-timers), Nationality, Trade Union Membership, Aids, Privacy.
Under the
following topics:-
i. Public Law elements involved in Discrimination in
Employment Issues
- The Constitution Judicial Review.
100
ii. The applicability of Public/Private Law Remedies.
iii. The role of the ILO in eliminating discrimination in employment
- The
conventions and ILO case-law.
iv. Gender Issues - Philosophical Underpinnings of Gender in
Employment.
v. Equal Pay and Equal Remuneration for Work of Equal Value.
vi. Equal Access to Employment (Gender, Race)
vii. Privacy and Discrimination.
viii. Aids and Employment Law.
ix. Issues of Race - New Legislative Initiatives on Relevant Case-law.
x. Discrimination against Trade Union members legislative protection
and
the use of judicial review proceedings.
4. Method of Teaching
This course will be taught by way of two lectures and one tutorial
per week,
each lecture and tutorial being of one hour duration. A seminar should
be
optional, depending on numbers.
5. Method of Assessment
This course will be assessed by means of a two hour final examination
at the end
of the semester in which it is taught. Students will be required to
answer three
questions out of a total of six questions.
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