Tag (SQ): Employment Law

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  • 20 Marks

BCL – L1 – Q107 – Human Rights

Can Kwame Asante sue for discrimination after being denied a job reserved for disabled persons?

(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

BCL – L1 – Q105 – Employment law

Advise management on resolving a dispute over reintroducing trade unions at Kolan Company Limited after a three-year cessation.

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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  • 10 Marks

BCL – L1 – Q48 – Employment Law

Can probationary and casual workers at Apex Preparatory Academy succeed in a legal action for unfair termination compensation?

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

BCL – L1 – Q47 – Employment Law

Assess legality of strike actions by DESA Ltd and ZEWU Industries Ltd.

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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  • 20 Marks

BCL – L1 – Q46 – Employment Law

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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  • 20 Marks

BCL – L1 – Q45 – 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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  • 10 Marks

BCL – L1 – Q43 – Workplace Discrimination

Explain how employment law tackles workplace discrimination and harassment.

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

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  • 10 Marks

BCL – L1 – Q42 – Employment Law Principles

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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  • 20 Marks

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

Kwame Yeboah is the Head Labourer at Vision Seed Academy School who resides on the campus. Among his duties is the washing of the school buses. In view of frequent water shortages in the neighbourhood of the school, Kwame decided to keep the tap to the main water reservoir open at midnight and fit a water hose to it in order to store enough water for washing. This practice is well known to Management of the school.
One night Kwame could not wake up to turn off the tap as he usually does, which overflowed the reservoir and flowed to the adjoining house where the owner kept fowls. A few fowls died from the sudden overflow of water through the house. The neighbour is upset and is threatening court action against the school. Management of the school thinks Kwame has been negligent and must therefore be made to pay for the dead fowls. Kwame has come to you for advice as the mishap occurred in the line of duty.
You are required to advise in the context of the Labour Act, 2003 (Act 651) and decided cases.

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