NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, NNAMDI AZIKWE EXPRESSWAY

JABI, ABUJA

FACULTY OF LAW

JULY 2017_1 SEMESTER EXAMINATION

 
COURSE CODE: LAW 231           COURSE TITLE: LABOUR LAW I
COURSE UNIT     4 UNITS   TIME ALLOWED:2 ½ HOURS
INSTRUCTIONS: ANSWER FOUR QUESTIONS. QUESTION I IS COMPULSORY AND CARRIES 25 MARKS.
 
1.      Thomas employed the services of HBO limited as the sole supplier of stationery materials for Thompson Memorial College owned by Thomas.  Henry the owner of HBO has approached Thomas earlier and pleaded with Thomas for the supply.  Thomas granted Henry his request however on a probationary period of one year subject to efficiency and good quality.  Towa, Thomas first child just graduated from School and assumed the management of Thompson Memorial College.  He discovered that Hailey his ex-girlfriend and first love is now married to Henry.  As a result, he convinces his father Thomas to disengage HBO limited.   His father obliged.  Henry plans to bring an action against Towa.  Advice Henry on his cause of action and what he needs to prove to succeed in his case.  What defence(s) is available to Towa (if any)?
2.      Discuss with the aid of decided cases the vitiating elements of a contract of employment and the consequence.
3.      The management of Harry Ltd, an aviation company situated in Abuja in January issued a memorandum stating that due to the current economic and financial challenges in the country, the employees will no longer be paid their monthly welfare allowances.  The employees are unhappy and challenged the management.  It was later agreed that a conciliator be appointed to preside over the dispute.   Two weeks later it an alarm was raised by an employer that the conciliator appointed is  a brother in law to the financial manager of Harry Limited.  The employees decided to embark on a lock out and a subsequent strike action stating among others: payment of arrears of their welfare, increase in salary and removal of the financial manager.  The next day, the dispute was referred to the high court of the FCT Abuja.  Discuss the legal issues.
4.      Last year, Madam Sharon was in need of a domestic help.  She consulted her aunty Kemi in the village. Kemi introduced Madam Sharon to IyaIbeji.  IyaObeji told Madam Sharon that her daughter Taiwo who she gave birth to on Christmas day 2002 can work for her.  She also informed Madam Sharon that N20,000 will be paid directly to IyaIbeji’s account as the fee for the work Taiwo will engage in.  Madam Sharon told IyaIbeji that she could only afford a monthly fee of N15,000.  Both women agreed.   It has been six months since Madam Sharon stopped making payments to IyaIbeji.  Iyaibeji is furious and has reported the issue to the oba.  Discuss the legal issues.
5.      Discuss the significance of the rule in Foss v Harbottle to trade union membership.  How does the doctrine of closed shop relate to trade unions in Nigeria?
6.      Discuss the concept of freedom of contract and its negating attributes.

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Exam summary sample below

NATIONAL OPEN UNIVERSITY OF NIGERIA

14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS

SCHOOL OF LAW

MARCH/APRIL 2014 EXAMINATION

COURSE CODE:    LAW231
COURSE TITLE:    LABOUR LAW I
TIME ALLOWED: 3 HOURS.
INSTRUCTION: PLEASE ANSWER QUESTION ONE AND ANY OTHER THREE QUESTIONS.
 
1.      Mr. Goditushus works for Mr. Wisegai, the General Manager and part owner of ‘Hotshot Launderers’ as a trainee manager. He intends to further his career by specializing in dry cleaning expensive furs. To do this he must undertake a certification course in Highbrow University in Luxury Island, Gonacco. He does not have the funds. He discusses his predicament with Mr. Wisegai who says ‘its water off a ducks back for such a great employee!’ and promises to provide the funds immediately if Mr. Goditushus will just sign a simple agreement for formality sake, which contains the following provisions:
a.       That Mr. Goditushus cannot work for anyone else on his return from Gonacco.
b.      That he must remain in the employment of ‘Hotshot Launderers’ for the rest of his working life, to provide him with an appropriate platform to practice his rare trade in a thriving business.
c.       That neither he nor any member of his biological or extended family must set up a laundry trade within the duration of his life time.
d.      That he must not enter into competition in anyway whatsoever with ‘Hotshot Launderers’.
e.       That he must not invest in or act in an advisory capacity in any laundry business.
i.                     Advice Mr. Goditushus on the on the legality and enforceability of the above clauses.
ii.                   The implication of signing the contract.
 
2.      Briefly discuss the following terms:
i.                     Unilateral Union Regulation.
ii.                   Statutory Regulation.
iii.                 Collective Bargaining.
 
3.      Mr. and Mrs. Carefri run a nursery school and have recently procured a school bus. They employ Mr. Agbero to drive the bus. Several times they have had to caution him for over speeding and Mrs. Carefri could have sworn she smelt alcohol in his breath and swayed in a funny manner, when-ever he resumed for work in the morning. They are however reluctant to terminate his employment because he has eight children under the age of 12years from three different mothers none of whom he is married to.  On Valentine’s day Agbero is in a hurry to keep an appointment with his new girlfriend Miss Idoncare, so he speedily diverts the school bus to doggy lane where he hopes no one will see or recognize him. En-route to Miss Idoncare’s house he runs into a barricade used to demarcate a police check point and crashes the bus into it. He is promptly arrested for the following offences:
a.       Reckless driving and Over speeding
b.      Failure to possess a valid driving license and failure to pass driving school test.
c.       Driving under the influence of alcohol.
 
Mr. and Mrs. Carefri have finally had enough as the news gets round and people threaten to withdraw their children from the school. They immediately serve Agbero with a letter of dismissal as soon as he gets out on bail. On the following grounds:
a.                   Incompetence and Negligence
b.                  Drunkenness
 
i.                     Advice Agbero on the possible success or otherwise of his contesting his dismissal.
 
ii.                   Agbero has decided to bring a counter suit against Mr. & Mrs. Carefree for failure to provide a safe working environment as the school bus did not have seat belts. Mr. & Mrs. Carefri decide to plead the defense of ‘volenti non fit injuria’ is this likely to be a successful defense?
 
4.      Briefly trace the history of the development and the scope of the Nigerian labour law.
 
5.      John Clark owns a construction company. He wishes to employ Miss Shakira Bond as a Human Resource manager for the company. He intends that she will spend an initial period of two years, working 9am -5pm, Monday through Friday for a remuneration of =N=7.8million (seven million eight hundred thousand naira) only per year.
i.                     State and discuss the essential elements of an employment contract, incorporating the above information into your answer.
 
6a. Discuss four elements necessary for the valid termination of a contract.
6b. Where a party has been wrongfully dismissed from his employment, discuss in detail two remedies which may be applicable to him.

• You can get the soft copy for this course (2014 – to date) at a little token or the exam summary answers for any course from 08039407882 

• You can as well solve your course past questions for us and get paid. CONTACT TO KNOW HOW

Exam summary sample below