Subject (SQ): BUSINESS AND CORPORATE LAW
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- 10 Marks
Identify two fundamental human rights of Mustapha Mensah violated by denial of medical treatment at a clinic.
Question
Mustafa Mensah from the Wata District of Ghana sought health service at the Kumpu Religious Clinic. A clinic devoted only to group members and situated in the Gidigidi District. Mustafa Mensah was on an audit field trip in Gidigidi District when he was taken ill. His neighbours assisted him to the clinic, but he was denied access. The reason was that he was not a member of the religious group and so did not have the right to be attended to at the clinic. Mustafa Mensah was aggrieved that his fundamental rights had been violated.
Required:
(a) In reference to the 1992 constitution of Ghana, state TWO (2) fundamental human rights of Koo Mensah, which may have been violated?
(b) Justify which of the superior courts Mustafa Mensah may apply to seek redress.
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- Tags: Constitutional Law, Court Jurisdiction, Ghana Constitution, Human Rights, Redress
- Level: Level 1
- Topic: Human Rights
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- 10 Marks
Identify three human rights violated by police actions against Elijah during arrest and detention.
Question
Elijah was arrested by the Police for allegedly assaulting an unarmed beggar. Upon his arrest, the Police handcuffed him and tied a rope around his waist and dragged him on the ground to the Police Station, which was about fifty (50) metres from where Elijah allegedly committed the offence. At the Police Station, Elijah was kept in the Police cells for three (3) days without food, apart from the fact that he was not allowed to have his bath. On the fourth day, Elijah was rushed to a District magistrate Court, and without being allowed to state his side of the story, he was sentenced to six (6) months imprisonment without the option of a fine.
Required:
State, any THREE human rights of Elijah which have been violated by the Police.
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- Tags: Constitutional Law, Fair Trial, Human Rights, Personal Liberty, Police Misconduct
- Level: Level 1
- Topic: Human Rights
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- 20 Marks
Can Kwame Asante sue for discrimination after being denied a job reserved for disabled persons?
Question
(a). With reference to the Constitution of the Republic of Ghana, 1992, can Kwame Asante bring any action against your company?
(b). On the day of his appointment, one of the persons with a disability who had applied for the position asked for the duties of the employer towards the disabled worker under the Labour Act, 2003 (Act 651).
(c). Management has also asked you to describe what benefits they can get out of employing persons with disability under the Labour Act, 2003 (Act 651).
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- 20 Marks
Identify facilities for workplace health and safety, describe employer/worker responsibilities, and outline sanctions per Labour Act 2003.
Question
Article 24 (1) of the Constitution of the Republic of Ghana, 1992 provides as follows: “Every person has the right to work under satisfactory, safe and healthy conditions…” With reference to the Labour Act 2003, (Act 651)
Required:
Identify five (5) facilities that can ensure health and safety conditions and describe the responsibilities of both the employer and the worker and applicable sanctions for any breaches.
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- 20 Marks
Advise management on resolving a dispute over reintroducing trade unions at Kolan Company Limited after a three-year cessation.
Question
Kolan Company Limited has been operating in Nigeria in the oil and gas sector for over ten (10) years. It had been operating in a unionized environment since its inception. However, as a result of operational challenges, the company shut down its operations briefly but has resumed operations.
Upon resumption of operations, management has reckoned that there must be a cessation of union activities in the company. Employees agreed to management’s decision to operate without a Union.
This has gone on for three (3) years. However, junior employees have begun to agitate for the re-introduction of the union in the organization. Top management is however not in agreement.
Required
Advise your management on how to resolve this impasse.
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- 20 Marks
Distinguish between code of ethics and conduct for accounting staff; identify stakeholders and corporate responsibilities.
Question
(a) Your company, Apex Solutions Ltd, plans to undertake a rebranding exercise within the next three (3) months, and all Heads of Department are to lead the campaign. You have been asked by management to distinguish between a code of ethics and a code of conduct and explain their relevance to the accounting and audit staff.
(b) Identify any five (5) stakeholders of Apex Solutions Ltd and indicate two corporate responsibilities towards each of the five (5) stakeholders.
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- 20 Marks
Explain differences between slander and defamation in a workplace email scenario.
Question
Rita, a member of staff sent an email on your company’s intranet to another colleague Yaw in which the author among other things branded all Accountants as liars and corrupt. On receiving the email, Yaw also distributed the message to other colleagues and eventually a friend of yours in the office, Joyce, sent you a copy of that email. As the Chief Accountant and head of the accounts department, you feel that this information is false and it has affected your reputation in the office. You are seriously contemplating taking an action against the person who sent the email around.
(a) What are the differences between slander and defamation?
(b) What are your rights in law in this regard and what possible defences can the parties listed above provide?
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- 20 Marks
Identify issues related to corporate governance and the audit committee.
Question
(a). Identify issues relating to Corporate Governance & Audit Committee.
(b). Explain the ethical principles regarding conflict of interest and breach of confidentiality.
(c). Explain in at least 5 points each the nature and legal control over money laundering, tax evasion.
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