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Each country has employment laws. Which of the following is NOT addressed by the employment law in Nigeria?
A. Discrimination on the grounds of physical disability, gender, and religion
B. Legislative protection for non-regulated data
C. Minimum acceptable working conditions
D. Minimum monthly rate of pay that may be due to any employee
E. Certain rights against unfair dismissal by an employer
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Stella works as a sales girl for Kampus Multipurpose Stores (KMS), operated by Lucas on the University Campus. Recently, Lucas discovered that whenever he was not around, Stella would pack Lucas’ wares off the shelves and display her own wares on the shelves. Thus, Stella used her employer’s time, resources and facilities to sell her own wares in place of her employer’s. The financial books of KMS were audited last month and the audit revealed that on some occasions, Stella sold her employer’s wares at a higher rate than that recommended and she pocketed the difference. Required: Advise the following parties on the legal implications of their actions: (i) KMS (5 Marks) (ii) Stella (6 Marks)
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Jones Plastic Packaging Company Limited has its head office in Lagos. The company suspected that one of its accounting staff, Mrs. Kabuki, was responsible for the economic losses suffered by the company in recent months.
On Monday, when Mrs. Kabuki resumed at the factory, she was detained at the security gate for eight hours without questioning. Thereafter, she was summarily dismissed. She had protested that she had no information about what led to her dismissal. The only official communication from the company to her in the last six months was the letter of dismissal from employment.
Mrs. Kabuki is aggrieved and wants to seek legal redress.
Required:
Advise Mrs. Kabuki on her Fundamental rights under the 1999 Constitution of the Federal Republic of Nigeria
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a. Professor John was appointed under the Establishment Law of XYZ University in Nigeria. The law of the University is a chapter in the Laws of the Federation of Nigeria. Six months ago, Professor John disagreed with the Vice-Chancellor on some policy issues. Two weeks ago, the Vice-Chancellor sacked him without recourse to the relevant organs of the University, claiming that as the Vice Chancellor, he had the power to summarily dismiss any staff of the University. Professor John has approached you for advice on the matter.
Required:
i. Advise Professor John on his rights under the Nigerian Labour Law.
(5 Marks)
ii. Explain TWO grounds upon which an employee may be summarily dismissed.
(5 Marks)
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A contract of employment, like any other contract, must contain the necessary ingredients to make the agreement enforceable.
Required:
State any TWO ways in which a contract of employment could be formed and any THREE methods of bringing the contract to an end.
(Total 5 Marks)
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Find Related Questions by Tags, levels, etc.
The relationship between two persons in which one person is subject to the command of the other on how he should do his work is known as
A. Slavery
B. Contract for service
C. Contract of service
D. General contract
E. Casual employee
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Bayo was granted 12 months overseas study leave by his employer. After completing the course of study on schedule, he overstayed and returned 30 months later to resume duty, but was handed a letter of dismissal dated 10 months ago for abandonment of duty.
Bayo is aggrieved and intends to sue his former employer for wrongful dismissal from office.
Required:
Advise Bayo, stating the legal issue involved.
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Which of the following constitutes termination of employment by operation of law?
A. Death of employer, in case of personal service
B. Breach by either of the parties
C. Compulsory winding-up of employer’s company
D. Illness of the employee
E. Agreement by both parties
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Three individuals, namely, Agogo, Djiku and Esinam, worked for MNS Bank, upon completing their National Service for a period of five years. It is the case of the workers that for a period of five years the Bank engaged them as temporary employees. Sometime in the year 2023, the workers received letters from a firm called Bansey HR Ltd, an employment agency, engaged by MNS Bank. In the letter, the three individuals had been offered a contract agreement for a six-month period from 2 May, 2023 to 2 November, 2023 by Bansey HR Ltd, and assigned to the Bank.
The letters sought to change their status from temporary employees of the Bank to temporary employees of Bansey HR Ltd. The three workers, however, tendered their resignations from MNS Bank effective 2 June, 2023. The three workers then commenced an action in the High Court, Accra, claiming damages for wrongful termination, arguing that having worked for more than six months with MNS Bank as contract workers, they had become permanent workers and could not be transferred to Bansey HR Ltd.
The Bank resisted the action, arguing that in accordance with a new Policy of the Bank, the Management decided to outsource the employment of all its temporary staff, which includes the three individuals, to Bansey HR Ltd. The Bank contended that upon receipt of the letters from Bansey HR Ltd, the three workers on their own volition resigned and are therefore not entitled to their claim.
Required:
In the light of the provisions of the Labour Act, 2003, Act 651, explain the chances of the three individuals in their court action against MNS Bank. (10 marks)
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Find Related Questions by Tags, levels, etc.
b) You are confronted with a case where two employees’ appointments had been terminated in a private company. One of the employees was sacked for participating in labour agitations against the employer, having worked for 2 months under an oral engagement by the company.
The other employee’s appointment in the same company was terminated because the employee absented himself from work for a day since he was severely injured, and his hospital attendance was duly certified by a recognized medical practitioner.
Required:
i) State TWO orders that the Labour Commission may give to the private company in favor of the affected employees/workers. (6 marks)
ii) Will both employees have the same cause of action? (2 marks)
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Find Related Questions by Tags, levels, etc.
a) Does every employee have the right not to be unfairly dismissed? (10 marks)
b) Discuss five reasons which, if one is established against the employee by the employer, may make the dismissal fair. (10 marks)
(Total=20 marks)
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a) Adja Kudzo was an employee of Josh Ltd. While his fixed-term contract of employment with the company still had over two (2) years to terminate, he received a letter stating that his service will no longer be needed from the end of the month in which the letter was written. He subsequently took legal action against the company, alleging that the company has wrongly dismissed him. The company, however, put up a defense to the effect that it was Adja Kudzo himself who asked to be relieved of his post in order to set up his own business. The company also alleged that Adja Kudzo had made unauthorized credit sales to persons outside the class of accredited customers of the company and had been unable to recover the monies due under those transactions, which allegations Adja Kudzo denied.
Required: i) Explain whether Josh Ltd was justified in terminating the employment of Adja Kudzo. (7 marks)
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a) What is judicial precedent? (2 marks)
b) State TWO (2) grounds under which the courts will depart from a judicial precedent. (4 marks)
c) Ghana legal system is adversarial rather than the inquisitorial approach. In TWO (2) ways, explain the distinction between them. (4 marks)
d) Koby Afadzie and Odartey Nelson were employed by Alfar Preparatory School 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, Adu Owusu and Kafui Yaw 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 Koby Afadzie and Odartey Nelson that the school was not interested in giving them permanent appointments because of unsatisfactory performance. On the other hand, Adu Owusu and Kafui Yaw 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. (10 marks)
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Find Related Questions by Tags, levels, etc.
Adamu Larbi was an Officer Cadet in the Ghana Prisons Service. His conditions of service included a provision that in cases of misconduct or unsatisfactory service, disciplinary proceedings shall be conducted against him. On 24 July 2022, while Adamu Larbi was at a parade at Wa Prisons, his superintendent gave him a letter of dismissal signed by the Director of Prisons. He claimed that before receiving this letter, he had not been summoned to appear at any disciplinary proceedings to answer any charges preferred against him.
Required:
Explain the rights of Adamu Larbi in the context of TWO (2) principles of natural justice. (10 marks)
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Arko Kumi was contracted for the delivery of chippings to Ashville Estates. The contract identified him as an “independent contractor” with agreed wages and expenses. Arko Kumi was to use his own vehicle, yet with a requirement that the vehicle be sprayed in the company colors of Ashville Estates. He was to drive the vehicle himself but under compliance with certain company rules including, the nature of vehicle repairs and maintenance.
Required:
i) Describe the type of employment Arko Kumi is engaged in. (2 marks)
ii) State TWO (2) terms and essential clauses that can be used to differentiate the various types of employment. (2 marks)
iii) Explain TWO (2) rights and duties of both the employer and the employee. (6 marks)
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