APPLIES TO ACADEMIC YEAR 2013/2014

MAN 2956/2957 Management of Employment Law for Headmasters

Responsible for the course
Bjørn Eriksen

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
15

Language of instruction
Norwegian

Introduction
The Master of Management programme in School Management includes MAN 2944 Leadership and Change Management in Schools as well as MAN 2956/2957 Management of Employment Law for Headmasters together with 3 other 15 ECTS programmes. This programme may be taken separately or as part of the entire Master of Management programme.

Learning outcome
It’s an important goal to give headmasters an introduction to legal method and thinking concerning the main legal issues that they will face in their workday. They will also acquire extensive legal knowledge of administrative law and labour law. This knowledge will enable them to solve legal problems and perhaps see that they face a legal problem requiring a more advanced mode of treatment. Research shows that it’s best to solve conflicts as early as possible and at a lowest possible level after the problem has arisen. Hence, schoolmasters shall be enabled to apply simple conflict resolution models or be able to see the need for external assistance.

Prerequisites
General admission requirements: 180 ECTS, 4 years of work experience. See other admission requirements.

Compulsory reading
Books:
Eriksen, Bjørn. 2012. Rektors styringsrett. Gyldendal akademisk
Jakhelln, Henning. 2006. Oversikt over arbeidsretten. 4. utg. Damm

Collection of articles:
Eriksen, Bjørn. Juridiske utdrag i arbeidsrett for skoleledere. Innholder aktuell lovgivning og forskrifter, samt alle relevante avgjørelser knyttet til hvert enkelt emne av Høyesterett og Sivilombudsmannen

Recommended reading

Course outline
Course outline and structure
1^st module: The distinctive feature of labour law, legal method, management prerogative, goals and principles for good procedures and the term best qualified in appointments.

This module will discuss legal method applied in administrative law and labour law and the basic elements within these legal disciplines. The legal term “best qualified” in appointments will also be discussed along with the rules on priority.

2^nd module: Duty of loyalty and freedom of speech, job protection including procedures for job protection cases, workforce cuts (redundancy) and dispute resolution.

The module will include a discussion of the most relevant legal rules in the Public Administration Act, case law and declarations from the Parliamentary Ombudsman on these regulations as well as the non-statutory rule on duty of loyalty and the constitutional rule on freedom of speech. The rules on job protection, workforce cuts and dispute resolution will also be covered.

3^rd module: Tariff law, pupils’ rights, school liability and expulsion

The main rules related to pupils’ rights will be discussed, the pupils’ right to a good psychosocial environment, expulsions and a review of tariff law, including the employment contract for teachers.

Computer-based tools
Introduction to using Lovdata

Learning process and workload
The programme consists of three course modules, totalling 75 hours.

Examination
A written 72-hour case-based home exam that is to be solved individually counts 6 ECTS and a term paper to be solved by up to 3 students accounts for 9 ECTS. Both must be passed in order to be awarded a certificate in the programme.

Examination code(s)
MAN 29561 – 72 hour case-based home exam which counts 100% of the grade in MAN 2956, 6 ECTS.
MAN 29571 Term paper which counts 100% of the grade in MAN 2957, 9 ECTS.
Both courses/exams must be passed in order to be awarded a certificate in the program.

Examination support materials


Re-sit examination
At the next regular exam in the programe.

Additional information