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 – MAY 2016 – L1 – SA – Q19 – Employment Law

This question addresses the purpose of the probationary period in employment.

Question

The probationary period of employment is to test the employee’s
A. Skill and suitability
B. Obedience
C. Eloquence
D. Emotions
E. Background

Answer

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Tags: Employee Testing, Employment, Probationary Period
Level: Level 1

Topic: Employment law
Series: MAY 2016

BL – May 2024 – L1 – SA – Q19 – Employment Law

Identify the term used to describe the removal of an employee without formalities.

Question

The removal of an employee without formalities is called:

A. Resignation
B. Suspension
C. Dismissal
D. Layoff
E. Termination

Answer

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Tags: Dismissal, Employee Rights, Employment Law, Termination
Level: Level 1

Topic: Employment law
Series: MAY 2024

BL – May 2016 – L1 – SA – Q8 – Employment Law

Identify the term for altering school certificates for admission benefits.

Question

Where a student materially alters his school certificate result to gain an advantage for admission to a higher institution, he has committed an offence called
A. Examination malpractice
B. Stealing
C. Forgery
D. Cheating
E. Conversion

Answer

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Tags: Legal Terms, Misconduct, Offenses
Level: Level 1

Topic: Employment law
Series: MAY 2016

BL – May 2015 – L1 – SB – Q6e – Employment Law

Identify situations when an employee is entitled to redundancy benefits.

Question

State any THREE instances in which an employee may be entitled to redundancy benefits. (3 Marks)

Answer

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Tags: Business Law, Employee Benefits, Employment Contracts, Employment Law, Labor Law, Redundancy
Level: Level 1

Topic: Employment law
Series: MAY 2015

BCL – May 2017 – L1 – Q3a – Employment Law

Evaluate the justification of workers’ strike action under poor working conditions.

Question

a) Asanka Pharmaceutical Company Limited manufactures several types of drugs, and which drugs are supplied to many chemical stores in Kojokrom. The company is located very close to a gutter which is also used by the residents as a refuse dump. This gutter is never desilted resulting in the fact that a strong odour hangs around the premises of the company. The equipment used in manufacturing the drugs are not only obsolete but also expose the workers of the company to injuries. The workers of the company have complained about the conditions under which they work, but the management of the company pays deaf ears to these complaints. Apart from the fact that the equipment used to manufacture the drugs created a problem for the workers, the company did not provide the necessary safety working gears to the workers.

When the complaints of the workers were not heeded for necessary remedies to be provided, they embarked on a sit-down strike. The management, therefore, summarily dismissed the leadership of the workers, saying that the leaders could not tell the management what to do in the running of the affairs of the company.

Required: Explain whether the workers of the Asanka Pharmaceutical Company Limited were justified in embarking on the sit-down strike action. (10 marks)

Answer

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Tags: Employment Conditions, Health and Safety, Labor Law, Strike Action
Level: Level 1

Topic: Employment law
Series: MAY 2017

BCL – May 2016 – L1 – Q6 – Employment Law

Evaluate the justification for terminating an employee’s appointment, potential legal redress, and the difference between dismissal and termination.

Question

Kojo Mensah was employed by A&B Co. Ltd as a Waste Management technician. Before his employment, Kojo Mensah presented a certificate to evidence the fact that he was very qualified for the job as a Waste Management technician. One and a half years into his employment, Kojo Mensah’s subordinates petitioned the Management of A&B Co. Ltd that Kojo Mensah was not exhibiting a high sense of professionalism in his position as a Waste Management technician, as several complaints were coming from the clients of A&B Co Ltd to the effect that the services being rendered by the Company were unsatisfactory, adding that Kojo Mensah, as the Officer in charge of that unit, could not supervise the operations of the said unit. It later came to light after the company conducted further due diligence on Kojo Mensah’s academic and professional background, that the certificate he submitted for his employment was a forged one. Prior to the submission of the Petition against him, Kojo Mensah had on several occasions been queried by Management for abandoning his duty post and also getting very drunk during working hours. Without giving Kojo Mensah an opportunity to respond to the petition, the Management of A&B Co. Ltd did not dismiss Kojo Mensah but terminated his appointment from the Company on these grounds.

a) Explain whether A&B Co. Ltd was justified in terminating the appointment of Kojo Mensah.

(10 marks)

b) Explain whether Kojo Mensah has any chance of success in seeking redress. (5 marks)

c) Differentiate between dismissal of one’s appointment and termination of one’s appointment. (5 marks)

Answer

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Tags: Employment Termination, Labor Law, Legal Remedies, Misconduct
Level: Level 1

Topic: Employment law
Series: MAY 2016

BCL – Nov 2016 – L1 – Q7 – Employment Law

List and explain the duties of employers and workers, and the rights of workers under the Labour Act, 2003 (Act 651).

Question

a) List EIGHT duties of an employer under the Labour Act, 2003, Act 651.
(8 marks)

b) Mention FOUR rights of a worker under the Labour Act, 2003, Act 651.
(4 marks)

c) State EIGHT duties of a worker as prescribed in the Labour Act, 2003, Act 651.
(8 marks)

Answer

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Tags: Employer Duties, Employment Law, Ghana, Labour Act, Worker Rights
Level: Level 1

Topic: Employment law
Series: NOV 2016

BCL – May 2021 – L1 – Q5a – Employment Law

Listing the grounds for termination of employment and explaining the possible course of action for wrongful termination.

Question

The Chief Driver of Legon Rural Bank Ltd on 16 May 2010, abandoned midway an official bus carrying the bank’s staff to Ada for an official boot camp/bonding training session. The bank held a disciplinary enquiry to investigate his conduct. The result of the investigation was the termination of his appointment for gross misconduct. He was paid one (1)-month’s salary in lieu of notice in accordance with the respondent’s Collective Bargaining Agreement. Dissatisfied with the management of the bank terminating his appointment, he has approached you for advice.

Required:
i) List FIVE (5) grounds for termination of employment.
ii) Explain the course of action The Chief Driver could take. (10 marks)

Answer

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Tags: Employment Law, Grounds for Termination, Labour Act, Termination of Employment
Level: Level 1

Topic: Employment law
Series: MAY 2021

BCL – Mar 2024 – L1 – Q4a – Employment Law

Evaluate the chances of three individuals succeeding in a court action against MNS Bank for wrongful termination based on the Labour Act.

Question

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)

Answer

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Tags: Employment Law, Labour Act, Permanent Employment, Temporary Employment, Wrongful Termination
Level: Level 1

Topic: Employment law
Series: MAR 2024

BCL – May 2019 – L1 – Q3c – Employment Law

Discusses employee rights and employer obligations regarding social security in employment contracts.

Question

ABA Venture was set up recently and John is an independent electrical contractor working for ABA Ventures for the past 3 months under a contract that requires him to ensure that all electrical facilities are well maintained. Abena is a fresh graduate who has also completed level one of the ICAG professional programme and has been given a one-year contract as a Cashier of ABA Ventures. Your firm is designing the conditions of service for ABA Ventures.

i) List the FOUR (4) rights of employees.
(4 marks)

ii) Indicate whether ABA Ventures will have obligations to pay Social Security on behalf of John and Abena who are both working at ABA.
(6 marks)

Answer

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Tags: Contract for Service, Contract of Service, Employee Obligations, Employment Rights, Social Security
Level: Level 1