NATIONAL OPEN UNIVERSITY OF NIGERIA
UNIVERSITY VILLAGE, PLOT 91, NNAMDI AZIKWE EXPRESSWAY
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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