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
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.
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