EMPLOYMENT AND LABOUR LAW CASES/JUDGMENTS

TITLE

EMPLOYMENT – MASTER AND SERVANT:- Wrongful dismissal – Declaration that purported dismissal is wrongful – Damages for – Declaration that defendant is still in the employ of appellants – Refusal to proceed on transfer – Letter of dismissal not produced at trial – Appellants electing not to give evidence –Effect

ABALOGU V SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

ADEDAPO ADENIRAN  V NATIONAL ELECTRIC POWER AUTHORITY(CA)

EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:– Fair hearing – Employee heard as a witness when investigating an allegation against him – Whether satisfies the requirement of fair hearing.

EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:– Fair hearing – Employee’s appointment terminated without complying with contract stipulations – Effect of.

EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:– Termination of employment – Employment protected by statute and employment governed by contract – Distinction and procedure for termination of each

EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:– Wrongful termination of employment – Onus of proving the terms and conditions of the contract between the parties – On whom lies.

ADENIYI  V GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY

EMPLOYMENT AND LABOUR LAW:- Construction of communication relating to employment rights and obligations – Duty of courts thereto – Whether reference to compulsory retirement before making a financial claim is conclusive proof that claimant has accepted such retirement

EMPLOYMENT LAW: Loss of salary and bonuses due to motor accident – Whether recoverable against party responsible for accident – How determined

AKINOSHO V ENIGBOKAN

EMPLOYMENT LAW – SPECIAL EMPLOYMENT:- Employment pursuant to an agreement for employee to deliver his intellectual property to employer for the manufacture and market of a product on a royalty/commission basis – Dispute arising therefrom – Necessary parties thereto

ANGELO CATTANEO V CANDIDO DA ROCHA

EMPLOYMENT LAW:- Non-academic staff of university – Where appointed by University Council established under the University’s constitutive Act – Whether a “person employed in the public service” for the purposes of the Criminal Code – Relevant considerations – Effect

ARBICO NIGERIA LIMITED Vs NIGERIA MACHINE TOOLS LIMITED

EMPLOYMENT AND LABOUR LAW:- Normal measure of damages recoverable by an employee whose contract has been wrongly terminated – How calculated – When a claimant will be entitled to re-instatement in his office and in addition damages representing his salaries during the period of his purported dismissal

EMPLOYMENT LAW:- Retiree and calculation of retirement benefits – Gratuities and pension – applicable scale – How determined

ARCHIBONG UMO UDO V. CROSS RIVER STATE NEWSPAPER CORPORATION

EMPLOYMENT AND LABOUR LAW:- General law that the court will not grant specific performance of a contract of service – Special circumstances leading to exceptions thereto

EMPLOYMENT AND LABOUR LAW:- Normal measure of damages recoverable by an employee whose contract has been wrongly terminated – How calculated – When a claimant will be entitled to re-instatement in his office and in addition damages representing his salaries during the period of his purported dismissal

ATTORNEY-GENERAL OF CROSS RIVER STATE  V ESIN

EMPLOYMENT LAW:- Wages of workers – Commodity selling in diverse markets – Agreement to vary wages of workers depending on the selling price of commodity produced – Coal –  Relevant considerations – When deemed in restraint of trade – Whether enforceable – Relevant considerations

AWOPEJU V FAMAKINWA

EMPLOYMENT LAW:- Workmen’s compensation – Worker injured in the cause of work – Assessment of compensation – Partial or full incapacity – How determined – Nature of evidence allowed – Inability to seek “suitable employment” – How proved – Workmen’s Compensation Act, 1925 (15 & 16 Geo. 5, c. 84), s. 9, sub-s. 3 (i.).

BARKONO V C.O.P.

EMPLOYMENT LAW:- Evidence of employee on behalf of employers in an action in negligence against employers by a third party– When deemed evidence of “Person interested” – Admissibility – How treated

BASHIR ALADE SHITTA-BEY V. THE FEDERAL PUBLIC SERVICE COMMISSION

LABOUR LAW:- Trade Union – Whether legal entity – Membership rights of a member – Whether protected – Expulsion of member – Where deemed ultra vires Rules of union –Whether claim for damages can be maintained

LABOUR LAW – TRADE UNION:- Legal status of a trade union – Nature of contract between trade union and members – Whether contractual – Whether can sustain a claim in damages or tort against union by members

BUKAR MODU AJI v. CHAD BASIN DEVELOPMENT AUTHORITY & ANOR

EMPLOYMENT LAW:- Categories of contracts of employment – Employments with statutory flavor –  Legal implication for nature of employment of persons employment in Nigeria’s public service –  Need to respect the provisions of the Staff Service Manual

COMPAGNIE GENERALE DE GEOPHYSIQUE (NIGLT) CGG NIG LTD v. MOSES AMINU

EMPLOYMENT LAW – EMPLOYMENT WITH STATUTORY FLAVOUR: Compulsory retirement of a public servant of established and pensionable cadre before the mandatory retirement age – When unlawful, null and void

DR OBO V COMMISSIONER FOR EDUCATION BENDEL STATE

EMPLOYMENT LAW – CONTRACT OF EMPLOYMENT:– Disciplinary action meted out to an erring employee by an employer – Where employer decides to terminate rather than summarily dismiss an employee who without explanation persisted in disobedient absenteeism for eight years – Whether the decision is appropriate

EMPLOYMENT LAW – VICARIOUS LIABILITY:- Public health workers as persons employed in the public service of the Federation by virtue of their employment – Vicarious liability of parent hospital for any proved damages in negligence or default/wrong

DR. TAIWO OLORUNTOBA-OJU & ORS. V. PROFESSOR SHUAIB O. ABDUL-RAHEEM & ORS.

EMPLOYMENT AND LABOUR LAW – MASTER/SERVANT RELATION: Categories of master servant

EGBUCHU v. CONTINENTAL MERCHANT BANK PLC & ORS – 2

EMPLOYMENT LAW:- Employment rights and Connected companies with separate legal/incorporation status – Employee appointed to a new post in an incorporated subsidiary under parent company of original employment – Where conditions of service/remuneration remains the same – Whether a mere secondment – How treated

EMPLOYMENT LAW – CONTRACT OF EMPLOYMENT – LICENSEE OF PROPERTY:- Whether a licensee acquires a legal interest to sue an employer for trespass

EMPLOYMENT LAW – TERMINATION OF EMPLOYMENT CONTRACT:- Agent or servant allowed occupying premises belonging to his principal for the mere convenient performance of his duties

ENGR. EMMANUEL KENNETH UZOR V. THE HONOURABLE MINISTER OF WORKS HOUSING AND URBAN DEVELOPMENT & ANOR

EMPLOYMENT LAW:- Rule that there is a difference in status between contracts of personal service and contracts of service which enjoy statutory protection – Whether contract of service can only be terminated in the manner prescribed by the governing statutory provision – Whether a breach of the statutory provision cannot result in a unilateral repudiation nor can the contract agreement be discharged on the agreement of the parties without compliance with the enabling statutory provision

NEXT

3