CASES/JUDGMENTS ON EMPLOYMENT AND LABOUR LAW OF NIGERIA (3)
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CASES/JUDGMENTS ON EMPLOYMENT AND LABOUR LAW OF NIGERIA (3)
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| TITLE | MAIN ISSUES |
| MODERN OIL NIGERIA LIMITED & ANOR V. MR. JOSHUA JACKSON GEORGE | EMPLOYMENT LAW:- Contract of employment envisaging retirement – When deemed wrongfully terminated – Effect |
| MOELLER V MONIER CONSTRUCTION COMPANY (NIGERIA) LTD | EMPLOYMENT LAW:- Master and Servant — Wrongful Dismissal — Written Contract of Employment — Clause providing for dismissal for conduct likely to bring employer into disrepute — Bringing prostitutes into company provided accommodation/neighbourhood shared by other colleagues and their families – Whether employee’s conduct likely to bring employer into disrepute, in the opinion of the employer — Employer’s discretion — Whether dismissal arising therefrom justified |
| MONTEROSSO SHIPPING CO LTD V INTERNATIONAL TRANSPORT WORKERS’ FEDERATION | LABOUR LAW: Labour agreements – Trade Union and Labour Relations Act 1974, s 18. – Crewing of ships – Agreement between shipowners and seamen’s union – Agreement made in Spain for employment of ships’ crews – Agreement in English and made on behalf of international federation of trade unions based in London – Agreement conclusively presumed by English law not to be intended to be legally enforceable – Whether proper law of agreement English or Spanish law – Whether unenforceability of contract in England raises presumption against English law being proper law |
| MR. BERNARD OJEIFO LONGE v. FIRST BANK OF NIGERIA PLC. | EMPLOYMENT LAW:- Termination of appointment – Claim for a declaration that revocation of appointment is wrongful, unlawful, invalid, null and void – How treated |
| MUTUAL AIDS SOCIETY LTD V. AKERELE | EMPLOYMENT AND LABOUR LAW:- Act done in the course of employment which is authorised – How proved – Whether one of fact and in each case the answer must depend on the scope of the agent’s employment – Proper treatment |
| NWAGWU AGWUAJA V. THE STATE | EMPLOYMENT AND LAW: Workplace security – Worker who ran amok slashing co-workers with matchet – Death arising therefrom – How treated |
| OBAYUWANA V. GOVERNOR OF BENDEL STATE & ANOR. | EMPLOYMENT AND LABOUR LAW:- Judicial offices – Contractual employment with stipulated tenure – Whether can be terminated by Executive Order of Governor – Whether can be frustrated by valid statute of Legislature – Constitutional considerations – Whether cannot give rise to damages – How treated |
| OGUNDIPE V. THE MINISTER OF FEDERAL CAPITAL TERRITORY | EMPLOYMENT AND LABOUR LAW:- Accrued right of an employee – Meaning thereof – Limits |
| ONI V. CADBURY NIGERIA PLC | EMPLOYMENT AND LABOUR LAW:- Removal of a Director of a Company governed by the Company and Allied Matters Act, CAMA – Alleged failure to observe rules prescribed under CAMA for such removal – Court with jurisdiction to entertain matter |
| ONIGA V. GOVERNMENT OF CROSS RIVER STATE & ANOR | EMPLOYMENT AND LABOUR LAW – RETIREMENT/DISMISSAL OF EMPLOYEE: Statutory provision as regards the retirement of a fireman – “Section 8 of the Fire Service Law of Cross River State 2004 which States EMPLOYMENT AND LABOUR LAW – DISMISSAL OF EMPLOYEE: Common law – Whether an employer has an undisputed right to dismiss or discharge his employee – Where an employer invalidly exercised right – Nature of relief available – Whether action to be founded on damages for wrongful dismissal EMPLOYMENT LAW:- Contract of employment – Nature of – Whether contracts of employment are like all other contracts with their creation and termination subject to the general principles governing the law of contract |
| S. A. LASISI V. ALLIEID BANK OF NIGFRIA PLC (UNDER LIQUIDATION BY N.D. I.C.) | EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:- Contract of employment – Determination of on allegation bordering on criminality – When court will so hold. |
| SANTOS M. BATALHA v. WEST CONSTRUCTION COMPANY LIMITED | EMPLOYMENT AND LABOUR LAW- ALIEN:- Employment of foreign national – Enforcement of – Whether can be defeated on ground of illegality due to non-compliance with the Immigration Act – Relevant consideration |
| THE REG. TRUST. OF NACHPON & ORS. V. MEDICAL & HEALTH WORKERS UNION OF NIGERIA & ORS | |
| THE UNITED AFRICA COMPANY LIMITED V A. O. JOHNSON | EMPLOYMENT AND LABOUR LAW:- Contract of employment for Produce Clerk–Allowance for loss by shrinkage of produce – Meaning of clause of contract |
| UMENYIORA V OBIMBA | EMPLOYMENT AND LABOUR LAW:- Person recognized and designated under a Power of Attorney as ‘Founder’ of a religious non-profit registered in Nigeria but recognized as an affiliate of an international organization – Disengagement of Founder – Whether entitled under Power of Attorney to ownership of properties of the registered trustee |
| UNION BANK OF NIGERIA PLC v. EMMANUEL ADEREWAJU SOARES | EMPLOYMENT AND LABOUR LAW – CONTRACT OF EMPLOYMENT:- Features of – Termination of – Length of notice for termination – How determined – Whether court will impose an employee upon an unwilling employer EMPLOYMENT AND LABOUR LAW – CONTRACT OF EMPLOYMENT:- Interpretation of – Duty of court in interpreting clear and unambiguous terms of a contract of employment – Where contract are not clear and unambiguous – Whether the court of law can move out of them and invoke the general rules of contract applicable to the nature of the contract of service |
| UNIVERSITY OF AGRICULTURE V. GRACE ELEYI JACK | EMPLOYMENT AND LABOUR LAW:- Judicial precedent – Garba v. University of Maiduguri – Whether it lays down the principle that once there is a criminal allegation in the conduct of employee the employer will have no power to exercise disciplinary measure on him unless his guilt or otherwise is determined in a criminal court |
| UNIVERSITY OF NIGERIA TEACHING HOSPITAL MANAGEMENT BOARD V NNOLI | EMPLOYMENT LAW – MASTER AND SERVANT:- Panel of inquiry setup to investigate allegation against employee – Invitation to employee to testify before panel – Whether invitation as such can justify treatment as person whose conduct is being investigated EMPLOYMENT LAW – MASTER AND SERVANT:-Reinstatement of dismissed servant -When court will order reinstatement – When it will not – Relevant consideration. EMPLOYMENT LAW – MASTER AND SERVANT:- Order of Specific performance – When will apply to contract of service – When it cannot- Relevant considerations. |
| VINE V. NATIONAL DOCK LABOUR BOARD | EMPLOYMENT AND LABOUR LAW – TERMINATION OF EMPLOYMENT:- Wrongful dismissal – Termination based on the decision of a disciplinary committee acting on a delegated quasi-judicial body which is void and of no effect by reason of the fact that the local board had no power to delegate its powers to a disciplinary committee – Whether ground for declaration and damages |
| WEST CONSTRUCTION COMPANY LTD. v SANTOS M. BATALHA | EMPLOYMENT AND LABOUR LAW – MASTER AND SERVANT:- Resident permit – Responsibility of applying for resident permit- On whom it is placed between employer and employee. EMPLOYMENT AND LABOUR LAW:- Claim for payment of arrears of local salary/ allowance and interest at the rate as well as arrears of off-shore salary/allowance or its Naira equivalent – relevant considerations |
| WILKINSON v. BARKING CORPORATION | EMPLOYMENT AND LABOUR LAW:- Statutory tribunal to determine – Action brought by employee – Unconditional appearance by defendants – |
| WIMPEY V RAMSAY | EMPLOYMENT AND LABOUR LAW:- Negligence—Master and Servant—Liability at common law—Defective system of working—Employer providing transport to take employees to and from work—Accident to workman while attempting to board vehicle after close of day’s work—Whether employer liable on ground of defective system – Whether a local authority running a public service of omnibuses in the public streets under a permissive power conferred by statute is in a materially different position from an employer who, on his own premises, provides transport for his own employees in terms of a contract with them |
| YARMOUTH v. FRANCE | EMPLOYMENT AND LABOUR LAW: Negligence – Employer and Workman – Driver employed by Wharfinger injured in the course of employment by a work-horse – Applicability of Employers’ Liability Act, 1880 (43 & 44 Vict. c. 42) – Effect – Vicious Horse used in the course of work – When risk is deemed voluntarily incurred and thus covered under Volenti non fit Injuria |
| YOUNG V. BRISTOL AEROPLANE COMPANY LIMITED | EMPLOYMENT AND LABOUR LAWS:- Compensation for injury received in an accident in the course of employment – When compensation had been paid under the Workmen’s Compensation Acts – Whether employee can obtain damages in respect of the same accident |
| JUDGMENTS OF NIGERIAN COURTS | |
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JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
