NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
MARCH/APRIL 2014 EXAMINATION
COURSE CODE: LAW232
COURSE TITLE: LABOUR LAW II
TIME ALLOWED: 3 HOURS
INSTRUCTION: PLEASE ANSWER QUESTION ONE AND ANY OTHER THREE QUESTIONS.
1. The Nigerian Labour Congress called on all workers to compulsorily observe a ‘stay at home order’ during the protests in respect of fuel scarcity, throughout the Federation. ‘Diehard’ an auto-mechanic insists on going to work and reports at the ministry of transport that day.
He is caught molested and prevented from entering into the building to sign up for his duties that day, by angry protesters who assault him and rip off his auto-mechanic uniform bearing the Ministry of Transport insignia. He rushes to his lawyer Mr. Justice Byforce and demands that ‘somebody must pay for this embarrassment!’
1a. You are Mr. Justice Byforce, ‘Diehard’s Counsel advice him.
1b. He is seen by Aploko a co-worker who is tired of Diehards ‘over zealous attitude’ He steers the crowd in ‘Diehard’s’ direction and insights them to give him a memorable beating. Does he have any legal remedy against Apoloko.
2. Mr. A is a practicing homosexual, he works in an oil servicing company. He was recently dismissed from his employment without notice. He does not wish to continue to work for the company any longer as he sees them as ‘narrow minded bigots!’ He however insists on the contractual provision in his employment contract which states that he is entitled to three months notice or payment in lieu on termination of his appointment. Can he enforce this provision?
3a. What are Trade Unions, what conditions must be present for a trade union to exist?
3b. Describe the procedure for formation and registration of a Trade Union.
4. Define the following terms using a case to support your definition.
i. Industrial Strike
5. An employer is not liable for the actions of his employees, discuss this statement with respect to the workers compensation act.
6. Bose and five of her friends attend an interview to work at ABC Inc. They are informed of their interview scores, and intimated that it is based on those scores that they will be accepted and given offers of employment. The three candidates with the highest scores are called aside and informed that there will be a further private assessment by selected managers which they must strive to scale through as a deciding factor. The assessment is billed for 6pm at frivolity hotel and it will be conducted on a one on one basis by three male managers, individually. Bose has heard from some of her friends who attended an interview six months ago that they were sexually molested at this stage of the assessment and that only those who accepted to be compromised were given a job. Bose has the highest scores at the interview. She insists on being assessed by three female managers who also work within that company at the same level of their male counterparts.
i. Bose is interviewed by the female managers. She again gets the highest score. The company refuses to give her an employment letter for refusal to co-operate but gives one each of the other girls who have been interviewed by the male managers and exit the interview room in tears. Bose finds out from her friend Ajoke who works in HR that she scored higher than those other girls. Does she have any redress under the employment act.
ii. Ajoke tells Bose not to worry as she herself is planning to leave the company’s employment for the following reasons:
a. Staff are not entitled to lunch break.
b. On resumption, their phones are collected and staff are forced to communicate solely by means of the office mail which is screened by an ‘enforcer’ before it goes out.
c. The production staff are locked up in a hot stuffy ill ventilated room from 7.30am to 6.00pm with no water and only allowed to exit for 3minutes each on a daily basis, to attend the restroom.
Have any of their rights been breached under the labour act, if so discuss them.
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