LAW232 : LABOUR LAW II (2017)

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 232

COURSE TITLE: LABOUR LAW II

COURSE UNIT:     4 UNITS

TIME ALLOWED: 2 ½ HOURS

INSTRUCTIONS: ANSWER FOUR QUESTIONS. QUESTION ONE IS COMPULSORY AND CARRIES 25MARKS

 

1.      The resident doctors of Wako State Teaching Hospital are unhappy that their salaries have not been paid for the past three months. A strike action was organised by the State’s chapter of the Medical and Dental Association.   Among other demands was the payment of arrears of salary, increase in welfare packages, build 100 more residential quarters for members. After a week of demonstration, the Minister of Labour in a bid to convince the doctors to go back to work agreed to their terms but stating in the written agreement that 50 residential quarters will be provided.  It has been six months, the salaries have been paid but the welfare packages are yet to be paid.  Dr.Peterside is unhappy as his name was not among the list of doctors complied by the management of Wako State Teaching Hospital as an allottee of the new quarters.  Discuss the legal issues and advice Dr.Peterside.

 

2.      Discuss the rule in NUGSAT V ALBURY BROS (1978) IRLR 504.  How does the rule affect employer’s duty to disclose?

 

3.      You recently got a job as a pilot.  Other pilots in the airport are unhappy with the terms and conditions of their employment.  They formed an association and nominated Akerele as their leader. They also agreed to register as a trade union.  Akerele has come to you for advice about the registration.  Advice him.

 

4.      Ekos is a leading pharmaceutical company.  Emanuel one of the former directors left Ekos to form his own PharmaceuticalCompany.  It was agreed that Emmanuelwould not disclose any of Ekos trade secret.  Emmanuel is unhappy as his company has not been doing well as a result of competition from other pharmaceutical companies including Ekos.  He recently granted an interview with NTA news saying that he left Ekos on moral grounds alleging that Ekos uses a banned cancer causing substance in their drugs.  This statement did not go down well with the management of Ekos.  It was agreed that both parties to settle the dispute through arbitration.  The tribunal consisted of a sole judge.  Two week later, the judge gave his award, he sent a copy of the award to each party.  The award consisted of N 1 million damages to be paid by Emmanuel to Ekos.  Emmanuel is unhappy with the award and has come to you for advice.  Discuss the legal issues and advice the parties.

 

5.      Discuss the attributes of civil liability in a Trade Union dispute.

 

6.      Write short notes on the following:

(a)    Contributory negligence

(b)   Remotness of Damage

(c)    Volenti non fit Injuria

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