EMPLOYMENT AND LABOUR LAW CASES/JUDGMENTS (2)
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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EMPLOYMENT AND LABOUR LAW CASES/JUDGMENTS (2)
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| TITLE | MAIN ISSUES |
| FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS v. DR. (MRS) ADAEZE G.N.C. OKOLI | EMPLOYMENT LAW: Termination of statutory employment – Staff of a federal university – valid way of terminating such employment – valid way of bringing suit challenging perceived wrongful termination – Competent parties – whether Attorney General of the Federation is a competent and necessary party – Need to observe statutory stipulations – Effect of failure thereof – relevant considerations |
| FIRST BANK OF NIGERIA PLC V MRS DIBO ABOKO | EMPLOYMENT LAW:- Summary dismissal arising from defamatory accusation in the course of employment – Whether relevant consideration in assessment of damages – How treated by court |
| FLIGHT LIEUTENANT OTU EDET vs. CHIEF OF AIR STAFF AND ATTORNEY-GENERAL OF THE FEDERATION | MASTER AND SERVANT: Fair hearing: Motive or intention therefor |
| FOULSHAM V PICKLES | EMPLOYMENT LAW:- Taxation and employment – Earnings from abroad – Mode of payment provided by the contract of employment – Where employment deemed not wholly out of jurisdiction – Effect |
| FRANCIS ADESEGUN KATTO V CENTRAL BANK OF NIGERIA | EMPLOYMENT LAW – TERMINATION OF APPOINTMENT:- Where based on military Decree empowering appropriate authority to retire compulsorily or remove from office summarily – Ouster of court’s jurisdiction if such retirement or removal was by appropriate authority – When court may intervene – Duty of court in interpreting such statute |
| FRANCIS ADESEGUN KATTO v CENTRAL BANK OF NIGERIA II | EMPLOYMENT LAW – CONTRACT OF EMPLOYMENT:- Rule that party alleging wrongful termination must found his case on a contract of service – Where written or documented – Whether court will not look outside the terms stipulated or agreed therein in deciding the rights and obligations of the parties EMPLOYMENT LAW – TERMINATION OF EMPLOYMENT:- Purely master and servant relationship, devoid of any statutory flavour and in which the relationship is purely contractual – Whether termination of an employment by the employer cannot be wrongful, unless it is in breach of contract even if the employer gave a totally untenable reason for the termination EMPLOYMENT LAW – TERMINATION OF EMPLOYMENT:- Person alleging wrongful termination – Onus to plead the document relevant to the terms of his employment and, second, to prove in what manner the said terms were breached by the employer – Whether it not for the employer to prove any of those |
| FRANCIS C. ARINZE V FIRST BANK OF NIGERIA LTD. | EMPLOYMENT LAW – MASTER AND SERVANT:-Dismissal of employee – Where dismissal hared on misconduct bordering on criminality-Need for employee to be accorded fair hearing -Nature affair hearing required EMPLOYMENT LAW – MASTER AND SERVANT:-Misconduct of employee – Where borders urn criminality – Whether compulsory to prosecute employee in court before dismissal. |
| GATEWAY BANK OF NIGERIA PLC V. ABOSEDE | EMPLOYMENT LAW – MASTER AND SERVANT:– Contract of employment – Procedural requirement stipulated for termination of employee’s appointment – Need for employer to follow same EMPLOYMENT LAW – MASTER AND SERVANT:– Contract of employment with statutory flavour – Meaning of – Distinction between same and simple contract of personal service. EMPLOYMENT LAW -MASTER AND SERVANT:– Termination of employment – Onus a person alleging wrongful termination must discharge. |
| GAUMONT-BRITISH PICTURE CORPORATION LTD V ALEXANDER | EMPLOYMENT LAW:- Master and Servant – Contract of service for the production of a movie as an artiste – “Want of mutuality” – Meaning – Stipulations in favour of one party – Restrictions during service – When deemed against Public policy – Suspension of salary – Penalty – When damages would proceed in addition – How treated |
| GOVERNOR OF EBONYI STATE & ORS. V HONOURABLE JUSTICE E. I. ISUAMA | EMPLOYMENT LAW – MASTER AND SERVANT:– Public officer – Who qualifies as same under section 11(2) of the State Proceedings Law Cap. 131 Laws of Anambra State. |
| GRACE JACK V. UNIVERSITY OF AGRICULTURE MAKURDI | EMPLOYMENT LAW – BREACH OF CONTRACT OF EMPLOYMENT:- Dismissal from employment following suspension and investigation report – Claim for order quashing suspension and dismissal – How treated |
| GRIFFITHS v. EVANS. | EMPLOYMENT AND LABOUR LAW:- Accident to workman – Retainership of a solicitor – Loss of option to elect existing remedy as to compensation – Whether workman can recover from solicitor – Workmen’s Compensation Act, 1925 (15 & 16 Geo. 5, c. 84), s. 29 – How treated |
| HABU V. NUT TARABA STATE | EMPLOYMENT AND LABOUR LAW – TRADE DISPUTE – Definition of under Trade Disputes Act, 1990 – Legal implications |
| HARDING V H & E WATERS LTD | EMPLOYMENT LAW:- Workmen’s Compensation – Voluntary payment of compensation – Notice to reduce – No counter-notice – Reduced payments accepted for 6 months without complaint – Implied agreement – Application for review – Treated as original application for arbitration – Workmen’s Compensation Act 1925 (c 84), ss 11, 12, 21. |
| HON. KOLA ADEFEMI & ANOR. V. MUYIWA EMMANUEL ABEGUNDE | EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:- Conditions of service – Where inconsistent with provisions of the Constitution — Whether valid. EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:- Resignation from employment – Meaning of- Whether must be accepted by employer to have efficacy. |
| IDUNG & ORS V. UNIVERSITY OF CAIABAR TEACHING HOSPITAL & ORS | EMPLOYMENT LAW:– Terms/conditions of terminated employment – Where disputed – Party on whom onus of proof lies to prove same and show how the said terms or conditions were breached – Effect of failure thereof EMPLOYMENT LAW – TERMINATION OF EMPLOYMENT:- Collection of terminal benefits – Whether would bar challenge to wrongful termination of employment |
| IGBOZOR V. EFFIONG AND ORS | EMPLOYMENT LAW – UNIONS/ASSOCIATIONS:- Membership of a union – How proved – Relevance documents thereto – Need for proper registration – Whether an association or union can be registered as a Business under Part B of the Companies and Allied Matters Act instead of as incorporated trustees under Part C – Legal effect |
| INTEGRATED DATA SERVICES LTD V. MR. OLAJIDE O. ADEWUMI | EMPLOYMENT LAW:- Termination of employment in a statutory body – Petition for a declaration that the termination was wrongful – Grounds – Breach of natural justice, S.33 1979 Constitution guaranteeing fair hearing to the plaintiff, and a breach of the conditions for termination as laid down in Employee’s Handbook (junior staff) made pursuant to relevant statute – Claim for reinstatement – Need to bring suit within the prescribed period – Effect of failure thereof |
| IYERE v BENDEL FEED AND FLOUR MILL LTD | EMPLOYMENT LAW – MASTER AND SERVANT:- Vicarious liability – Action against master for negligent act of servant – Need to join servant as party thereto – Failure to join – Effect – Whether action competent. |
| J. W. BAMIRO V JOHN HOLT AND CO. LTD | EMPLOYMENT LAW:- Contract of employment covered by third party Guarantee/Continuing bond covering fidelity of salesman –Subsequent agreement between employers and salesman authorizing sales on credit – Notification of employers by guarantor of misconduct of salesman and withdrawal of surety – Continuance of employment of salesman – Liability of guarantor for subsequent wrong of salesman |
| JACK V. UNIVERSITY OF AGRICULTURE MAKURDI | EMPLOYMENT AND LABOUR LAW – CONTRACT OF EMPLOYMENT:- Dismissal from service – Application for order quashing letters of suspension and dismissal and order for reinstatement – Proper way for initiating same – Whether can be brought by way of the Fundamental right Enforcement Procedure rules |
| JARMAN v. LAMBERT & COOKE CONTRACTORS LD. | EMPLOYMENT LAW:- Injury of employee in the course of his employment – Undisputed claim for compensation for injuries suffered in the course of employment substituted for action for damages on the ground that the accident was due to negligence of employers – Dead of employee and substitution by widow – Summons taken out by widow asking for an order declaring the form so filled in and signed by the workman/employee to be admissible as evidence as being a statement made by him within the meaning of s. 1, sub-s. 1, of the Evidence Act, 1938 – How treated |
| JOMBO v. PEF | EMPLOYMENT LAW – MASTER AND SERVANT:- Termination of appointment – Letter of termination of appointment – Effect of. EMPLOYMENT LAW – JURISDICTION:- Jurisdiction to entertain matter relating to termination of employment – Whether proper for court to take notice of a subsequent letter purporting to ‘dismiss’ the same employee – Applicability of ouster provision – How treated |
| JULIUS BERGER NIGERIA PLC & ANOR v. MRS. DOLAPO OGUNDEHIN | EMPLOYMENT LAW:- Vicarious liability of employer for wrongful/negligent act of employee in the course of duty – Rule that a servant’s wrongful act is deemed to be in the course of his employment if it is a wrongful and unauthorized mode of doing some act authorized by the master – What needs to be proved |
| KABELMETAL NIGERIA LTD v GABRIEL ATIVIE | EMPLOYMENT LAW – MASTER AND SERVANT:– Contract of employment – Person whose employment has been wrongfully terminated – Whether he can be awarded damages and reinstated |
| KUFORIJI V. V. Y. B. (NIGERIA) LIMITED | EMPLOYMENT LAW:- Valued Employee – Incentives towards greater performance – Agreement for sale of property to married female employee and spouse to secure more suitable and comfortable accommodation for her – Whether agreement can be set aside on ground that marriage between employee and spouse was invalid |
| KUFORIJI AND ANOTHER V. V.Y.B. (NIG.) LTD. | EMPLOYMENT LAW:- Valued Employee – Incentives towards greater performance – Agreement for sale of property to married female employee and spouse to secure more suitable and comfortable accommodation for her – Whether agreement can be set aside on ground that marriage between employee and spouse was invalid |
| LAAH Vs. OPALUWA | EMPLOYMENT LAW – AGENT UNDER A POWER OF ATTORNEY:- Rights to bring an action – When proper – How brought – Bindingness on principal – Proper designation of parties to such actions |
| LAWAL V. KOFFO | EMPLOYMENT LAW:- Tort Proceedings – Liability of employer for the wrongful acts of employee incurred in the course of employment – When judgment would be entered against both, jointly and severally for damages for trespass – Relevant considerations |
| LAWRENCE KANU & ANOR v. LAWRENCE OBETA & ORS | LABOUR LAW: Determination of term of office of a trade union/association – Elongation of tenure of officers of the union contrary to provisions of the constitution of the body – How treated |
| MACAULAY V KATAGUM | |
| MATHEW OMONIYI IDOWU V. IDOWU SANUSI OLORUNFEMI & ORS | EMPLOYMENT LAW – SERVANT:- Meaning of – Whether synonymous with the term “employee” – Person employed by another to do work under the control and direction of the employer – Whether term has a broad significance, and embraces all persons of rank or position who ore in the employ, and subject to the direction or control of another in any department or labor or business |
| MENIRU V IGWE | EMPLOYMENT LAW – MASTER AND SERVANT: – Vicarious liability – Servant acting outside scope of employment – Whether master liable |
| MICHAEL IMODU NATIONAL INSTITUTE FOR LABOUR STUDIES v. SHAIDU NDA’J MALIKI | EMPLOYMENT LAW – ORDER OF REINSTATEMENT:- Where court makes an order of reinstatement and awards nominal damages to employee – Whether employer duty bound to pay the reinstated employee accrued salaries and emoluments – Whether Court needs not pronounce payment as a consequential order as it ought to be inferred as a natural consequence of the order EMPLOYMENT LAW – ORDER OF REINSTATEMENT:- Where employer fails or neglects to pay reinstated employee accrued salaries and emoluments – Whether entitles employee to retention and cashment of cheque received from employer as purported payment in lieu of notice for termination of employment – Whether retaining and cashing of the cheque does not amount to an acceptance of purported termination |
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