Program (SQ): PROFESSIONAL PROGRAM
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- 10 Marks
Explain if Kofi Amo and Mrs. Mensah remain partners after their retirement letters.
Question
By a letter dated 18th February 2014, addressed to the Manager of their partnership firm, Kofi Amo informed the Management of his and Mrs. Mensah’s immediate retirement as partners. The Manager replied that their application was under consideration. However, by another letter dated 12th January, 2015, Mr. Kofi Amo and Mrs. Mensah withdrew their letter dated 18th February 2014. The conduct of the remaining partners, however, showed that they considered the letter of 18th February 2014 to be of no effect, and continued the partnership accordingly. A dispute later arose and James, one of the partners, obtained an order of the High Court directing Mr. Kofi Amo and Mrs. Mensah to submit themselves to arbitration in accordance with the partnership agreement. The arbitrator submitted to the court that by their letter dated 18th February 2014, Mr. Kofi Amo and Mrs. Mensah ceased as from that date to be partners as the said letter could not be recalled.
Required:
Explain whether by the provisions of the Incorporated Private Partnership Act, 1962 (Act 152), Mr. Kofi Amo and Mrs. Mensah, remain partners in the firm after their letters of 18th February 2014 and 12th January 2015.
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- 10 Marks
State two advantages and two disadvantages of forming a sole proprietorship.
Question
It appears that many residents of Kumasi prefer to own their businesses without going through the cumbersome details of forming an incorporated company limited by shares.
Required:
State TWO (2) advantages and TWO (2) disadvantages of forming sole proprietorship.
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- 10 Marks
Explain advantages of a company limited by shares under the Companies Act.
Question
Section 9 of the Companies Act, 1963 (Act 179) provides that a company limited by shares is “a company having the liability of its members limited to the amount, if any, unpaid on the shares respectively held by them”.
Required:
State and explain TWO (2) advantages that exist for a company limited by shares.
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- 10 Marks
Advise why a firm should bear the cost of a partner's expense for a company car tyre.
Question
Kweku is a partner of an Accounting Firm. The firm’s office is in Kumasi. In May 2019, Kweku was assigned an approved accounting duty outside Kumasi with the use of the Firm’s car. During the journey the car had a burst tyre. The driver of the car for unexplained reasons had no spare tyre on the car. He, therefore, recommended the purchase of a brand-new tyre which Kweku did with his personal money. He obtained a receipt in the name of the Firm. Kweku sought for refund of his money amounting to GH₵1,280 for the tyres bought. The Managing Partner refused the refund saying it was the sole responsibility for Kweku to bear the expenditure.
Required:
(a) Advise the Manager as to why the Firm should bear the full or part of the cost and not only Kweku.
(b) Advise Kweku why it is not the sole responsibility of the firm to bear the cost.
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- 10 Marks
Can probationary and casual workers at Apex Preparatory Academy succeed in a legal action for unfair termination compensation?
Question
Zuri Osei and Ofori Nartey were employed by Apex Preparatory Academy to teach Mathematics and Social Science, respectively. By the terms of their employment, the two were to be on probation for eight (8) months before they could be fully appointed. Similarly, Amo Quaye and Kofi Yeboah were engaged by the school as casual workers charged with the responsibility of keeping the school compound and classrooms clean. After the period of probation, the school authorities informed Zuri Osei and Ofori Nartey that the school was not interested in giving them permanent appointments because of unsatisfactory performance. On the other hand, Amo Quaye and Kofi Yeboah had their appointment terminated without any reason. The four (4) workers intend to take legal action against the school for compensation, accusing it of unfairly terminating their respective appointments.
Required:
Explain whether the workers will succeed in their respective intended legal action.
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- 20 Marks
Assess legality of strike actions by DESA Ltd and ZEWU Industries Ltd.
Question
Workers of DESA Ltd embarked on a strike action in support of a strike action embarked upon by ZEWU Industries Ltd. The workers of ZEWU Industries Ltd declared the strike action after Management of their company ignored their demands for improved COVID-19 safety measures, among other demands. Workers of DESA Ltd, in their solidarity action, stated that the conditions under which they also work were similar to those for which workers of ZEWU Industries Ltd work and thus embarked upon the strike action. Prior to the decision to resort to an industrial action, the leaders of the workers union of ZEWU Industries Ltd orally told management of the company that they were proceeding with the industrial strike. The parties failed to agree to refer the dispute to voluntary arbitration, as provided in the conditions of service of employees resulting in the workers of ZEWU Industries Ltd going ahead with the industrial action.
Required:
Explain whether the strike action resorted to by the workers of DESA Ltd and ZEWU Industries Ltd were justified
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- Tags: Employment Law, Industrial Dispute, Labour Act, Solidarity Strike, Strike Action
- Level: Level 1
- Topic: Employment Law
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