Topic: Employment law

Search 500 + past questions and counting.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Find Related Questions by Tags, levels, etc.

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

Topic: Employment law
Series: NOV 2014

BCL – May 2019 – L1 – Q2 – Employment Law

Discuss the rights of an employer in a restructuring situation.

Question

Eric Afful was employed as the Chief Operations Officer of Deews Construction Company, in 2003. In 2015, the company undertook a major restructuring resulting in re-assignment of Eric to the role of Building Inspector. In this new role, his signing authorities were withdrawn and all subordinate staff transferred out of his department. His salary was reduced drastically and he was informed by the MD that the company’s budget would not be able to meet his salary. When he complained, he was advised to keep quiet or have his appointment terminated.

Required:

a) Comment on the right of the employer in the case. (5 marks)

b) On what THREE (3) grounds can Eric’s appointment be terminated? (9 marks)

c) What TWO (2) remedies will be available to Eric in the event of unfair termination? (6 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employer's Rights, Employment Rights, Labour Law, Restructuring
Level: Level 1

Topic: Employment law
Series: MAY 2019

BCL – Nov 2018 – L1 – Q1c – Employment Law

Explain the type of service contract under which an employee's work falls.

Question

AlRabico Chemists is the only pharmaceuticals in the northern region and Mr. Oppong is one of the key Pharmacists who had worked with the company for 18 years and has special skills which can only be used at AlRabico. His net monthly salary was GH¢15,000 and he always goes to Kumasi to spend the weekends with his family. On 14th July 2016, during a staff meeting, the new head Pharmacist Alhaji Mahmoud announced Mr. Oppong’s dismissal with immediate effect for insubordination. Mr. Oppong is deeply hurt and embarrassed by the action of Alhaji Mahmoud.

Required:
i) Explain with reasons the type of service contract Mr. Oppong’s work falls. (5 marks)

ii) What remedies are available for Mr. Oppong?

(2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Contract Type, Employee Rights, Employment, Service Contract
Level: Level 1

Topic: Employment law
Series: NOV 2018

BCL – May 2018 – L1 – Q4c – Employment Law

State four rights of an employer under the Labour Act, 2003 ACT 651.

Question

c) State FOUR rights of an employer under the Labour Act, 2003 ACT 651. (4 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employer Rights, Employment Law, Labour Act
Level: Level 1

Topic: Employment law
Series: MAY 2018

BCL – May 2018 – L1 – Q4b – Employment Law

Discuss possible orders from the Labour Commission and whether two employees have the same cause of action.

Question

b) You are confronted with a case where two employees’ appointments had been terminated in a private company. One of the employees was sacked for participating in labour agitations against the employer, having worked for 2 months under an oral engagement by the company.

The other employee’s appointment in the same company was terminated because the employee absented himself from work for a day since he was severely injured, and his hospital attendance was duly certified by a recognized medical practitioner.

Required:
i) State TWO orders that the Labour Commission may give to the private company in favor of the affected employees/workers. (6 marks)

ii) Will both employees have the same cause of action? (2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employee Rights, Employment Law, Labour Commission
Level: Level 1

Topic: Employment law
Series: MAY 2018

BCL – May 2018 – L1 – Q4a – Employment Law

Explain the difference between a Contract of Service and a Contract for Services.

Question

a) Explain the following terms related to employment law: “Contract of Service” and “Contract for Services.” (8 marks)

Answer

Find Related Questions by Tags, levels, etc.

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

Topic: Employment law
Series: MAY 2018

BCL – Nov 2015 – L1 – Q3 – Employment Law

Discuss whether every employee has the right not to be unfairly dismissed and reasons that make dismissal fair.

Question

a) Does every employee have the right not to be unfairly dismissed? (10 marks)

b) Discuss five reasons which, if one is established against the employee by the employer, may make the dismissal fair. (10 marks)
(Total=20 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Dismissal, Employment Law, Fair Termination, Unfair Termination
Level: Level 1

Topic: Employment law
Series: NOV 2015

BCL – Nov 2023 – L1 – Q4a – Employment Law

Evaluate whether the termination of Adja Kudzo’s employment by Josh Ltd was justified.

Question

a) Adja Kudzo was an employee of Josh Ltd. While his fixed-term contract of employment with the company still had over two (2) years to terminate, he received a letter stating that his service will no longer be needed from the end of the month in which the letter was written. He subsequently took legal action against the company, alleging that the company has wrongly dismissed him. The company, however, put up a defense to the effect that it was Adja Kudzo himself who asked to be relieved of his post in order to set up his own business. The company also alleged that Adja Kudzo had made unauthorized credit sales to persons outside the class of accredited customers of the company and had been unable to recover the monies due under those transactions, which allegations Adja Kudzo denied.

Required: i) Explain whether Josh Ltd was justified in terminating the employment of Adja Kudzo. (7 marks)

Answer

Find Related Questions by Tags, levels, etc.

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

Topic: Employment law
Series: NOV 2023

BCL – Nov 2017 – L1 – Q5a – Employment Law

Outline the steps an employer should take when introducing major changes leading to redundancy.

Question

a) What steps should an employer take when introducing major changes that will entail the termination of employment of workers in an undertaking? (10 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employer Obligations, Employment Law, Redundancy, Termination of Employment
Level: Level 1

Topic: Employment law
Series: NOV 2017

BCL – Mar 2023 – L1 – Q4a – Employment Law

Identify grounds for unfair termination and remedies under the Labour Act, 1963 (Act 651).

Question

a) In a negotiation meeting between the Ministry for Employment, representatives of the Mineworkers Union, and Management of Anglosilver Ltd, the meeting ended in a deadlock. The following day, the workers were notified that the company had been closed down. After some discussions, the workers were asked to sign declarations of confidence in the management as a precondition for re-engagement. They did so but were rather issued with letters of rejection.

Required:
i) Identify THREE (3) grounds on which termination of employment will be considered unfair under the Labour Act, 1963 (Act 651).
(6 marks)

ii) Explain TWO (2) remedies available to a worker who was issued with a letter of rejection and is alleging unfair termination.
(4 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employment Rights, Labour Act, Remedies, Unfair Termination
Level: Level 1

Topic: Employment law
Series: MAR 2023

BCL – July 2023 – L1 – Q4b – Employment Law

List factors that lead to the fair termination of employment under the Labour Act, 2003 (Act 651).

Question

Termination of a contract of employment under the Labour Act, 2003 (Act 651) of Ghana may be fair or unfair.

Required:

State THREE (3) factors that will lead to the fair termination of the employment of a worker/employee by the employer. (3 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employment Termination, Fair Termination, Labour Act
Level: Level 1