Program (SQ): PROFESSIONAL PROGRAM

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Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

James Quayle, the Deputy Sales and Marketing Manager of SkyPure Ltd, admitted at the Disciplinary Committee hearing that he sold the company products above the approved price and pocketed the difference. He pleaded that Management should temper justice with mercy. His plea was not taken, and he has accordingly been dismissed in line with the Company’s Conditions of Service. Five (5) months later, a member of the senior staff association has advised James Quayle to file a suit for unfair termination as the termination letter was not signed by the Managing Director but the Head of Department as required by the Conditions of Service.

Management is adamant but has approached you for an opinion. You are to advise management in the context of the Labour Act, 2003 (Act 651) and to draw management’s attention to the consequences of unfair termination.

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You're reporting an error for "BCL – L1 – Q46 – Employment Law"

Advise on compensation for Fred's injury and legality of his termination due to disability.

Fred requested a ride in an official car to run an errand on a route that the official car was going. While in the car, Fred ignored caution by the driver not to rest his arm through the window of the car with the glass rolled down.

The driver of the official car decided to race another vehicle with the support of Fred and in the process an approaching car ran into the official car and injured Fred whose arm was severely mutilated.

Fred is contemplating asking the company to compensate him for his injury indicating that the accident occurred while in the official vehicle. The company on the other hand intends to terminate Fred’s appointment on the grounds that he has become disabled.

(a) Please advise management on whether compensation should be given to Fred and whether there is justification in law for Fred’s termination.

(b) Explain steps a staff should take when there is imminent hazard at the workplace and indicate the protection available to the staff.

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Advise on employee's breach of contract by working for competitor during leave.

(a) Kofi Mensah, a member of staff in your auditing firm requested for and was granted part of his annual leave by management. Thereafter, he submitted a resignation letter to management. A week into his leave, management recalled him in writing to conduct an important exercise. He replied saying that he was unable to come to work. It has been confirmed that Kofi Mensah was unable to return to work because he had started work with a competitor firm.

The service conditions prohibit any worker from working with a competitor within two years after terminating their contract of employment with your firm. Management has referred the issue to you for your advice in reference to the Labour Act, 2003, (Act 651) and other relevant laws.

(b) Discuss two (2) remedies available to those who have been subject to unfair dismissal.

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You're reporting an error for "BCL – L1 – Q44 – Leave and Restrictive Covenant"

Explain how employment law tackles workplace discrimination and harassment.

How does employment law address issues of workplace discrimination and harassment?

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You're reporting an error for "BCL – L1 – Q43 – Workplace Discrimination"

Discuss key principles of employment law and employee workplace rights.

Discuss the key principles of employment law and the rights of employees in the workplace.

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You're reporting an error for "BCL – L1 – Q42 – Employment Law Principles"

List four timelines under the Sale of Goods Act, 1962, for seller's delivery obligations.

List FOUR (4) timelines under the Sale of Goods Act, 1962 (Act 137), within which a seller must deliver goods to the buyer.

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You're reporting an error for "BCL – L1 – Q41 – Sale of Goods"

Explain hire purchase and implications of a buyer's death in a credit sale.

PREMIUM GH. LTD

Premium Gh. Ltd entered into an agreement with the Controller and Accountant General’s Department, by which monies were deducted at source on the salaries of workers who had benefited from its Christmas credit sales scheme by way of Hire Purchase. Unfortunately, Mr. Yaw got infected with a virus and passed away shortly after enjoying the credit sales.

Required:

You are the only law student in the accounts department, and your boss has asked you to:

(a) Explain the nature of a Hire Purchase arrangement and the implication of Mr. Yaw’s death.

(b) In TWO (2) ways, differentiate between a Hire Purchase and a Deferred Payment.

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Explain bills of exchange, holder in due course, and promissory notes.

NEGOTIABLE INSTRUMENTS

(a) Explain the following terms:

(i) Bills of Exchange,

(ii) Holder in due course,

(iii) Promissory Notes

(b) You have been engaged as the Accounts Officer of a supermarket in Accra and the manager will like you to explain to him what is meant by Conditional Sale and Protected Goods under Hire Purchase Agreements.

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You're reporting an error for "BCL – L1 – Q39 – Negotiable Instruments"

Can Kofi justify ratifying a contract made by his agent beyond authority?

KOFI

Kofi, acting for and on behalf of Mensah, was authorized to purchase Two Thousand Ghana Cedis (GH₵2,000) worth of corn for Adwoa. Kofi bought the corn in Adwoa’s name at Two Thousand Five Hundred Ghana Cedis (GH₵2,500), which was clearly beyond his authority. Mensah was to ratify. Adwoa then failed to take delivery of the corn.

Required:

(a) Explain whether Mensah would be justified in ratifying the contract entered by Kofi and Adwoa.

(b) Explain the concept of “Agency of necessity”.

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You're reporting an error for "BCL – L1 – Q38 – Agency"

Describe types of agency relationships, ways to terminate them, and agent rights.

AGENCY RELATIONSHIP

The primary purpose of agency relationships is to bring the principal and third party into contractual relations. Thus, the underlying principle of agency is the power of an agent to alter his principal’s legal relations with third parties.

Required:

(a) Describe TWO (2) types of agency relationship.

(b) Explain FOUR (4) ways in which agency relationships can be terminated.

(c) State TWO (2) rights of an Agent.

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