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 2019 – L1 – SB – Q6a – Employment Law

Explanation of key duties an employee owes to their employer in an employment contract.

Question

Employment contract is a relationship between an employer and the employee.
Required:
Explain briefly THREE duties of an employee to his employer. (6 Marks)

Answer

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Tags: Employee duties, Employer-employee relationship, Employment Law
Level: Level 1

Topic: Employment law
Series: NOV 2019

BL – May 2023 – L1 – SA – Q8 – Employment Law

Identify the employer's obligation when an employee incurs expenses on behalf of the organization.

Question

Where an employee incurs expenses on behalf of his employer in his normal course of duty, he must be:

A. Penalised
B. Indemnified
C. Surcharged
D. Admonished
E. Sanctioned

Answer

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Tags: Employee Expenses, Employer Obligations, Indemnity
Level: Level 1

Topic: Employment law
Series: MAY 2023

BL – May 2017 – L1 – SB – Q6a – Employment Law

Explains the remedies available to an employer under employment law against employees involved in misconduct.

Question

Kukute employed Uthdom to oversee the Customer Relations Department of his business. He also employed Dunga as the Head of Haulage Division of the business. Last week, Police officers from the Divisional Headquarters arrested Dunga because a pistol was found in the luggage of a passenger on Kukute’s truck that Dunga was driving. Dunga claims that he gave the person a ride because he is his neighbour. The Police have arrested Dunga and impounded Kukute’s truck. A customer of Kukute also wrote a petition to him, alleging that Uthdom takes gratification from customers.

Required:
Explain briefly the remedies that Kukute has against Dunga and Uthdom respectively under employment law.

Answer

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Tags: Employee Misconduct, Employer Rights, Employment Law, Remedies
Level: Level 1

Topic: Employment law
Series: MAY 2017

BL – May 2017 – L1 – SA – Q18 – Employment Law

Identifies the minimum age required to be a party to a contract of employment.

Question

For a person to be a party to a contract of employment, he/she must be at least
A. 16 years old
B. 17 years old
C. 18 years old
D. 19 years old
E. 21 years old

Answer

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Tags: Age Requirement, Contract Law, Employment Law, Legal Capacity
Level: Level 1

Topic: Employment law
Series: MAY 2017

BL – March July 2020 – L1 – SB – Q6c – Employment law

Explains two essential conditions for the admissibility of electronic evidence in legal proceedings.

Question

Electronic evidence is used usually to prove electronic fraud.

Required:
State TWO essential conditions for admissibility of electronic evidence.

Answer

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Tags: Admissibility, Digital Evidence, Electronic Evidence, Legal Process
Level: Level 1

Topic: Employment law
Series: MAR/JULY 2020

BL – March July 2020 – L1 – SB – Q5a – Employment Law

Explains three grounds on which an employer may dismiss an employee in an employment contract.

Question

The parties to a contract of employment are the employer and employee.

Required:
Explain briefly THREE grounds on which an employer may dismiss an employee.

Answer

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Tags: Employment Contracts, Employment Law, Grounds for Dismissal, Legal Grounds
Level: Level 1

Topic: Employment law
Series: MAR/JULY 2020

BL – MarJul 2020 – L1 – SA – Q19 – Employment Law

Question on identifying the employee's right to severance pay upon termination of employment.

Question

Which of the following is an employee’s right upon termination of employment?
A. Right to be provided transportation
B. Right to sue the employer
C. Right to severance pay
D. Right to contest in court
E. Right to challenge the hirer

Answer

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Tags: Compensation, Employee Rights, Employment Termination, Severance Pay
Level: Level 1

Topic: Employment law
Series: MAR/JULY 2020

BL – MarJul 2020 – L1 – SA – Q18 – Employment Law

Question on identifying the duty of the employer under an employment contract.

Question

Under employment contract, which of the following is a duty of the employer?
A. Transport the employee to the place of work
B. Feed the employee daily
C. Provide safe working environment
D. Hold the employees’ properties for safekeeping
E. Grant scholarship to the employees’ children

Answer

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Tags: Employee Rights, Employer Duties, Employment Contract, Workplace Safety
Level: Level 1

Topic: Employment law
Series: MAR/JULY 2020

BL – May 2016 – L1 – SB – Q3c – Employment Law

Advise on the legal rights concerning safety policy compliance and employer liability for injury.

Question

Otegbade & Company Limited, a shoe-producing company, employed Taju as a Cobbler in the factory. The Managing Director of the company ensures that, in line with the health and safety policy of the factory, workers are provided with working tools and safety equipment, including protective glasses, which he always insists workers in the factory must wear during working hours. Taju disregarded the company’s safety policy. In the course of filing the heel of a shoe he was producing yesterday, and while not wearing the protective glasses, plastic particles entered his eyes and have permanently damaged his eyesight. The company denies liability. Taju is threatening to sue the company, and he has come to you for advice.

Required:

Advise Taju on his legal rights in this matter.

Answer

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Tags: Employment Rights, Legal Liability, Safety Compliance
Level: Level 1

Topic: Employment law
Series: MAY 2016

BL – May 2024 – L1 – SB – Q5b -Employment Law

This question explores the implications of the probation period in employment contracts and termination clauses.

Question

b. A limited liability company based in Ibadan employed the services of two accountants to work in the organization. The letters of appointment given to the accountants contain a clause that the new employees will be on probation for a period of 6 months.

Required:
i. Explain the clause in the letters of appointment, which states that the new employees will be on probation for a period of 6 months. (4 Marks)
ii. State what would happen if the employment of the two accountants was for an indefinite period. (2 Marks)

Answer

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Tags: Employment Contract, Labor Law, Probation Period, Termination
Level: Level 1