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Showing posts from October, 2016

SECURITY OF TENURE

This topic is core to the issue of wrongful termination of contract of employment. The fundamental question which continues to be asked each time a case comes before the courts on wrongful termination of employment is whether an employee or worker can be said to have security of tenure in his or her job.

LAW SCHOOL MATERIALS (2015-2016)

DUTIES OF THE EMPLOYEE

1. Duty to obey orders:
            It is the duty of the employee to obey all lawful and reasonable orders of his employer. A servant repudiates the contract of service if he wilfully disobeys the lawful and reasonable orders of his master (PEPPER v WEBB). This means that where an employee disobeys a lawful and reasonable order given by the employer, the former is liable to dismissal without notice or compensation.

THE HUMAN RIGHTS IMPLICATIONS OF THE SAME SEX MARRIAGE (PROHIBITION) ACT, 2013 (by JOSHUA OMENGA)

DUTIES OF THE EMPLOYER

1. Duty to pay wages and salaries:
            This is to be determined by the contract of employment but where there is no provision to that effect in there, amount payable will depend upon the value of service rendered. The employer is to pay quantum meruit which is determined by the reasonable man’s test.             Once the duty to pay wages or salary exists, the employer is, at common law, to continue to pay such remuneration to a worker who is ready and willing to work, whether or not work is provided for the employee.

FORM OF CONTRACT OF EMPLOYMENT

Generally, the law doesn’t require the contract to be in any specific form. It can be oral, written, partly oral and partly written, or by deed. It may even be inferred or implied from the conduct of the parties. However, certain contracts are required to be in writing e.g. contract of apprenticeship (s. 49, Labour Act) and also Contract for the employment of Seamen under the Merchant Shipping Act.

TESTS DETERMINING CONTRACTS OF EMPLOYMENT

1. Control Test:
            The control test was introduced as the master servant relationship where the only determining factor was the degree of control the employer had over the employee. It was established by the courts the degree of which the employer has, whether he could control not only what was done but also the manner in which it was done. As stated in the case of Yewens v Noakes, the servant is subject to the orders of his master to the manner in which shall do his work.

DEFINITION OF TERMS

Who is a worker?
Generally speaking, the Labour Act applies only to workers and not employees. The question is whether the word ‘worker’ means the same as ‘employee’. S. 52, Trade Union Act and S. 47, Trade Dispute Act define a worker as “any employee, that is to say any public officer or any individual (other than a public officer) who has entered into or works under a contract with an employer, whether the contract is for manual labour, clerical work or otherwise, express or implied, oral or in writing, and whether it is a contract of service or of apprenticeship.”.

SOURCES OF LABOR LAW

Introduction
The basis of this subject is the contractual relationship between the employer and the employee. But there are certain features, just like an insurance contract, which set this type of contract apart from the general law of contract. The contract of employment is supreme. 

AN APPRAISAL OF THE LAWS PROTECTING WOMEN AGAINST VIOLENT AND DISCRIMINATORY PRACTICES IN NIGERIA: TOWARDS GENDER EQUALITY AND MORE EFFECTIVE PREVENTION AND ELIMINATION MEASURES (AKINOLA SOLOMON ABIOLA)

MARXISM

Overview
The theory sees law not as an expression of the people but the will and interests oft he capitalists. Marx sees law as part of the state machinery with which the capitalist rulers exploit the masses. In essence, law is viewed as a necessary and useful tool in the hands of the strong and powerful for the enforcement of their will against the poor, weak and defenseless. 

AMERICAN REALISM

American realists set to denounce the reality of certainty and predictability of a common law legal system as a result of application of precedent. This school is a group of American jurists who rebelled against the positivist idea that law is a body of rules and that lawyers and judges apply rules. 

THE HISTORICAL SCHOOL

This school posits that there is what is called the spirit of the people (volkgeist), which binds the people of a particular society together and distinguishes them from any other people. Accordingly, before a law is made for a society, there must be an indepth understanding of the history of the people. In other words, for a law to be 'valid', it must accord with the history and the way of life (custom) of the people.