Topic: Employment law

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BCL-Nov-2024-L1-Q3a-Unfair Termination of Employment

Legal basis for unfair termination of employment under the Labour Act.

Question

Alahey, an employee of Gyammea Ventures, has had his appointment terminated following allegations of financial impropriety. In his response to a query for the alleged offense, he admitted committing the offense and pleaded for leniency.

For the offense of financial impropriety, the corresponding penalty should have been dismissal, as per the “Employee Handbook” of the company.

On account of his plea, Management decided to terminate the relationship with loss of terminal benefits. Alahey is minded to sue Gyammea Ventures for unfair termination and has approached you for advice.

Required:
With your understanding of the Labour Act, 2003, (Act 651), explain to Alahey the basis for severance of the employment relationship that can constitute unfair termination.

Answer

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Tags: Contract of Employment, Employee Rights, Employment Termination, Labour Law, Unfair Dismissal
Level: Level 1

Topic: Employment law
Series: Nov 2024

BMIS-Nov-2024-L1-Q3a- Arguments Against Maximizing Shareholder Wealth Through Rational Strategic Planning

This question discusses arguments against the notion that a company should focus solely on maximizing shareholder wealth through rational strategic planning.

Question

A company should make rational strategic plans with the aim of maximising the wealth of its equity shareholders.”

Explain the arguments against the above statement.

Answer

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Tags: Business Strategy, Rational Planning, Shareholder Wealth, Short-term, Strategic Planning
Level: Level 1

Topic: Employment law
Series: Nov 2024

BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

Question

a) Gyabaa is a Senior Staff at Manopor Company LTD. The Code of Ethics of the company prohibits drinking alcoholic beverage during working hours. As part of the company’s culture, assorted drinks including alcoholic beverages are made available to all staff once every two months for three hours before the closing hours with no limits on how much each member of staff can consume. After one of such drink ups, Gyabaa, whilst driving home, had an accident and injured another road user. The cause of the accident was attributed to excess intake of alcohol by Gyabaa. Ahorlu, the injured victim is claiming he will take the matter to the Supreme Court.

Required:

i) Can the management of Manopor Company LTD be held liable for the accident caused by Gyabaa? (5 marks)

ii) Explain if Ahorlu can sue the company at the Supreme Court. (5 marks)

Answer

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Tags: Board Appointments, Minister for Trade, Remedies, Shareholding
Level: Level 1

Topic: Company directors and other officers, Employment law, Tort
Series: Nov 2024

BL – Nov 2020 – L1 – SB – Q5b – Employment Law

Define an employment contract and list grounds for dismissal by an employer.

Question

Contracts of employment may be created and brought to an end in different ways.

Required:
i. Explain contract of employment.
ii. State THREE reasons for which an employer could dismiss an employee.

Answer

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Tags: Employment Contract, Grounds for Dismissal, Labor Law, Termination
Level: Level 1

Topic: Employment law
Series: NOV 2020

BL – Nov 2020 – L1 – SA – Q16 – Employment Law

Objective question on the alternative term for a contract of employment.

Question

16. A contract of employment is also known as a contract of
A. Service
B. Parties
C. Skills
D. Vocation
E. Training

Answer

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Tags: Contract of Employment, Employment Law, Legal Terms, Service Agreement
Level: Level 1

Topic: Employment law
Series: NOV 2020

BL – May 2014 – L1 – SB – Q1B – Employment Law

Advising Mrs. Kabuki on her fundamental rights under Nigerian law.

Question

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

Answer

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Tags: Employment Law, Fundamental Rights, Legal Advice
Level: Level 1

Topic: Employment law
Series: MAY 2014

BL – Nov 2015 – L2 – SB – Q5a – Employment Law

Advise on employee rights under Nigerian Labour Law and explain grounds for summary dismissal.

Question

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)

Answer

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Tags: abour Law, Employee Rights, Employment Law, Summary Dismissal
Level: Level 1

Topic: Employment law
Series: NOV 2015

BL – May 2018 – L1 – SB – Q6 – Employment Law

State rights of beneficiaries, differentiate dismissal from interdiction, and discuss rights of owners in hire purchase agreements.

Question

a. The beneficiaries under a trust have certain rights in a situation where the trustee does not administer the trust diligently.

Required:
State FOUR rights of a beneficiary against abuse of powers of a trustee. (6 Marks)

b. One of the ways by which a contract of employment could be terminated is by dismissal of the employee.

Required:
(i) Differentiate between dismissal and interdiction. (4 Marks)
(ii) State FOUR reasons for the dismissal of an employee. (4 Marks)

c. The owner of the goods in a contract of hire purchase has some rights against a third party who has acquired no good title to the goods under the agreement.

Required:
State THREE rights of the owner against a third party that has acquired no good title to the goods under a hire purchase contract. (6 Marks)

Answer

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Tags: Employment Contracts, Hire Purchase, Trusts
Level: Level 1

Topic: Employment law
Series: MAY 2018

BL – May 2018 – L1 – SA – Q18 – Employment Law

Identify the period during which an employer retains the right to confirm or not confirm an employee's appointment.

Question

The period of time during which an employer retains the right to confirm or not to confirm the appointment of the employee is known as the period of
A. Protection
B. Redundancy
C. Overtime
D. Probation
E. Judicial Intention

Answer

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Tags: Contracts, Employment, Probation
Level: Level 1

Topic: Employment law
Series: MAY 2018

BL – Nov 2014 – L1 – SB – Q6c – Employment Law

State two ways of forming a contract of employment and three methods of terminating it.

Question

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)

Answer

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Tags: Contract Formation, Employment Law, Termination of Contract
Level: Level 1

Topic: Employment law
Series: NOV 2014

BL – Nov 2021 – L1 – SB – Q6 – Employment Law

Examining estate administration, employment termination, limited liability partnerships, and exceptions to privity of contract.

Question

a. Francis died without a Will, leaving a widow and five children. He has ₦20 million in his bank account.

Required:
i. Explain how Francis died under the law of administration of estates and the steps that the children of Francis must take to withdraw the money in the bank. (3 Marks)
ii. Explain what is meant by an administrator and differentiate him from an executor. (2 Marks)

b. Margaret has been working for Neki Limited for three years as a clerk without a letter of appointment but has been paid monthly salary regularly. On the last working day of a month, Margaret was handed her salary for that month and a letter terminating her appointment with immediate effect.

Required:
i. Explain briefly TWO ways in which Margaret’s rights as an employee have been violated by Neki Limited. (5 Marks)

c. “For a limited liability partnership to be incorporated, two or more persons associated for carrying on a lawful business with a view to making a profit shall subscribe their names to an incorporation document” – Section 753 (1) Companies and Allied Matters Act 2020.

Required:
i. Under the Companies and Allied Matters Act 2020, state the kind of books of account that a limited liability partnership must maintain.
ii. State the system of accounting that a limited liability partnership must comply with.
iii. State the title of the account the limited liability partnership must prepare.
iv. Within what period of time from the end of a financial year must a limited liability partnership prepare its accounts?
v. How long after the closure of its financial year must a limited liability partnership file its annual returns? (1 Mark each = 5 Marks)

d. A contract is a legally binding agreement with mandatory elements.

Required:
State TWO categories of persons with limited capacity to contract and THREE exceptions to the rule of privity of contract. (5 Marks)

Answer

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Tags: Employee Rights, Estate Administration, Limited Liability Partnership, Privity of Contract
Level: Level 1

Topic: Employment law
Series: NOV 2021

BL – May 2022 – L1 – SB – Q4a – Employment Law

State five ways in which a contract of employment may be terminated.

Question

Rablowood Limited has come to you to advise it on ways to terminate the employment of some staff members.

Required:
State FIVE ways in which a contract of employment may be terminated.

Answer

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Tags: Contract Termination, Employment Contract, Employment Law
Level: Level 1

Topic: Employment law
Series: MAY 2022

BL – Nov 2021 – L1 – SA – Q18 – Employment Law

Identifying the relationship between an employer and an employee.

Question

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

Answer

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Tags: Contract of Service, Employment Law
Level: Level 1

Topic: Employment law
Series: NOV 2021

BL – Nov 2022 – L1 – SB – Q6a – Employment Law

Providing legal advice regarding an employee’s claim of wrongful dismissal after prolonged absence.

Question

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.

Answer

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Tags: Employment Law, Wrongful Dismissal
Level: Level 1

Topic: Employment law
Series: NOV 2022

BL – Nov 2022 – L1 – SA – Q18 – Employment Law

Identifying the event that constitutes termination of employment by operation of law.

Question

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

Answer

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Tags: Employment Law, Termination of Employment
Level: Level 1

Topic: Employment law
Series: NOV 2022

BL – May 2022 – L1 – SA – Q19 – Employment Law

Identify the principal Act governing employer-employee relations in Nigeria.

Question

The principal Act which governs the relationship between employers and employees in Nigeria is the
A. Employment Act
B. Labour Act
C. Compensation Act
D. Workman Act
E. Industrial Act

Answer

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Tags: Employer-Employee Relations, Employment Law, Labour Law
Level: Level 1

Topic: Employment law
Series: MAY 2022

BL – May 2021 – L1 – SB – Q6c – Employment Law

Distinguish between contract of employment and contract for employment using the organisation test.

Question

There are a few tests for distinguishing employment relations.

Required:
Applying the organisation test, distinguish between contract of employment and contract for employment.

Answer

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Tags: Contract of Employment, Employment Relations, Organisation Test
Level: Level 1

Topic: Employment law
Series: MAY 2021

BL – May 2021 – L1 – SB – Q5c – Employment Law

Explaining material facts in insurance contracts and identifying a material fact in a life assurance proposal.

Question

Materiality of facts is important in fixing the duties of the insured under a contract of insurance.

Required:
i. Explain the current law on material facts in insurance contracts.

ii. Before the law, state a fact that would be material in a proposal for life assurance.

Answer

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Tags: Insurance, Life Assurance, Material Facts
Level: Level 1

Topic: Employment law
Series: MAY 2021

BL – May 2021 – L1 – SA – Q16 – Employment Law

Identifying the type of contract where a person is subject to the control of their master.

Question

Question:

The contract by which a person is subject to the control of his master is a contract of

A. Control
B. Subjugation
C. Tortal involvement
D. Service
E. Work

Answer

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Tags: Contract of Service, Employee Rights, Employment Law
Level: Level 1

Topic: Employment law
Series: MAY 2021

BL – Nov 2023 – L1 – SA – Q10 – Employment Law

This question asks about the purpose of the probationary period in employment law.

Question

In employment law, the probationary period is to test an employee’s
A. Skill and suitability
B. Preliminary offer
C. Background
D. Emotions
E. Obedience

Answer

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Tags: Business Law, Employment Law, Probation
Level: Level 1