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The book Labour Laws and Practice is a compilation of labour Laws. The book also informs the reader of court decisions explaining laws applicable to labour laws in Nigeria. The book is written by the author after more than twenty seven years of experience in delivering seminar papers on the subject and in headling cases on labour law in the law courts. Recent legislations on labour laws dealt with – Employes Compensation Act. Constitution of Federal Republic of Nigeria (Third Alteration) Act 2010 etc. Hard Back.
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TABLE OF CONTENT
CHAPTER 1
CONTRACT OF EMPLOYMENT
- Parties to a contract of employment 1
1.02 Definition of Servant/Employee 1
1.03 Definition of Master/Employer 3
1.04 Categories of Master/Servant contracts 3
1.05 Formation of Contract of Employment 4
1.06 Essential Ingredients of a contract 5
1.07 Contract of Employment 9
1.08 Capacity of infants and Young Persons to
enter into contract 10
1.09 Capacity of women to enter into contract
of employment. 12
1.10 Legality of Contract of Employment 12
1.11 Contract of Employment in writing 13
1.12 Collective Agreement Between Master/
Employer And Servant/Employee 19
1.13 Categories of employment 20
CHAPTER TWO
DUTIES OF PARTIES
2.01 To do the duties for which he is employed
or other related duty 22
2.02 To obey lawful and reasonable orders
within the scope of his employment. 22
2.03 Duty to exercise professed skill, due care
and diligence. 24
2.04 The servant has the duty to indemnify the
employer for losses incurred as a result of
his own default or negligence. 25
2.05 The servant has the duty to be faithful
and honest. 25
2.06 The servant has the duty to comply
with reasonable restraint of trade. 27
2.07 Duty to be ready and willing to work 31
2.08 The master has the duty to provide work
for the servant 31
2.09. The master has the duty to provide wages
or remuneration in legal tender such as
cheque, cash or postal order. 33
- The master has the duty to provide written statement
of terms of employment three months after the
servant has assumed duties. 36
2.11 The master has the duty to provide and
maintain safe sanitary system. 36
2.12. Duty to provide proper appliances and
plants for the use of the servants. 36
2.13 Duty to provide competent and responsible staff. 37
2.14. Duty to pay reasonable expenses. 38
2.15 Duty to pay compensation 38
2.16. The master has the duty to grant periodical
leave with pay to employees. 39
2.17 Duty to grant maternity leave 41
2.18 Duty to grant sick leave 41
2.19. Duty to pay redundancy allowance. 42
2.20 Duty to indemnify servants for losses. 42
2.21 Duty to meet vicarious liability to third parties. 42
2.22. Duty to provide transport 45
- Master’s Right to hire or engage the
services of a servant. 46
- Master’s right to interdict where the servanthas
been involved in criminal offence. 46
- Master right to call for a guarantor 47
- Master’s right to suspendthe servant. 47
- Master’s right to impose restraint of trade. 47
2.27 Master’s right to terminate the
servant’s employment. 50
2.28 The master has the right to disengage or
dismiss the servant from employment 50
2.29 Master’s right to eject unwanted servant. 51
2.30 Right of employer to seize or retain property
acquired by employee from exploitation of
the customer to the detriment of employer. 51
2.30 Right of servant to determine the
contract of service 52
2.31 Right of the servant to join a trade union 52
2.32 Right to pension and gratuity 55
CHAPTER 3
TERMINATION OF CONTRACT
- Termination of Master/Servant Relationship. 56
- Motive for terminationof contract
of employment irrelevant. 57
- Employer terminating contract of employment
to conform with stipulated procedure. 58
3.04 Effective date for terminating contract
of employment. 58
- Termination of the employmentof a
servant is the right of the master 59
3.06 A contract of employment is terminated
by the death of the servant employee. 61
3.07 Termination of contract of Employment
by frustration. 62
- A contract of employmentcan be terminated
when adhoc job is completed or the
happening of an event or contingency
or by the effluxion of the term certain. 64
- Determination of contract of employment
by payment of salary in lieu of notice. 64
3.10. A contract of employment can be
terminated by notice. 65
3.11. Period of notice required for termination
of a contract of employment. 66
3.12 Right of Employee who has collected
his entitlement under contract to sue. 68
3.13. Termination of Contract of Employment
by the Servant. 68
- Determination of contract of master &
servant during period of probation 69
- Termination of a Contract of employment
should not be retrospective. 70
- Employer/Employee terminating contract
of employment must fulfill the terms
of the contract. 70
3.17. Effect of failure to tender letters of
appointment and termination in cases of
wrongful termination of employment. 71
3.18. Burden of proof of wrongful termination 71
3.19 Dismissal 72
3.20 Distinction between claim for wrongful
dismissal of employment and claim that
dismissal of employee was invalid. 76
3.21. Reasons for Dismissal 76
3.23 Lawful Dismissal of Servant – Test 77
3.24 Grounds for summary dismissal 78
3.25 Misconduct – Meaning of misconduct 85
3.26 Test of misconduct 85
3.27 Misconduct – Nature of misconduct that will
ground summary dismissal of employee. 86
3.28 Condonation of misconduct 88
3.29 Gross misconduct in the banking industry 88
3.30 Rights available to employer where employee
is found guilty of gross misconduct. 89
3.31 Dismissal of employee guilty of gross
misconduct without wages. 89
3.32 Elements of Natural Justice 90
CHAPTER 4
FAIR HEARING
4.01. Fair Hearing – Meaning 92
- Fair Hearing and Administrative tribunals investigating
allegations against the employee. 93
- Fair Hearing – Employee accused of a criminal
offence or misconduct bordering on crime. 96
4.04. Failure to accord an employee fair hearing 103
CHAPTER 5
REMEDIES OF THE PARTIES
UNDER THE CONTRACT.
5.01. Dismissal of the servant 104
5.02 Suspension of the servant 104
- Damages 104
- 105
- Servant’s remedies. 105
- Servant declared redundant by the master 107
5.07 Repudiation and withdrawal of service. 108
5.08 Reinstatement 108
5.09 Claim for damages for wrongful determination
of the contract of employment. 108
5.10 Wrongful termination of contract –
Employee’s remedy. 109
5.11. Award of substantial damages for wrongful
termination of contract of employment. 112
- – Wrongful terminationof
employment of a foreigner – 112
5.13. Wrongful Dismissal – Employee’s remedy. 113
5.14 Measure of damages recoverable for
wrongful dismissal where a contract
of service is for a specific period. 115
- Claim by employee for reinstatement
and wrongful dismissal. 116
- Claim by employee for General Damages, injured
feelings and difficulty in obtaining fresh employment. 117
5.17. Claim by employee for Damages – Principles
against Double Compensation. 118
5.18. Claim of Damages by Employee – Duty
to mitigate his loss 120
5.19. Claim by employee for loss of salary
and other benefits until retiring age. 122
5.20. Claim by employee for loss of allowances
and benefits. 124
- Claim by employee for loss of leaveand leave pay. 125
- Claim by employee for loss of gratuityand pension 126
- Claim by employee for wages for period
of suspension prior to wrongful dismissal. 127
- Claim for wages by employee whose appointment was
terminated but who was later reinstated. 128
- Distinction between terminationby notice and
payment in lieu of notice and summary dismissal. 128
CHAPTER 6
THE CONTRACT OF EMPLOYMENT
OF PUBLIC SERVANTS.
6.01 Definition of Public Servants 131
6.02 Appointment of Public Servants 137
6.03 Employment in a company or corporation
controlled by the government or in which
the government has substantial shares. 138
6.04. Duration of Employment 139
6.05. Duties of Public Servants 140
6.06. Classes of Public Servants 141
6.07 Discipline in the Public Service 154
6.08 Suspension and Interdiction 159
6.09. The Public Servants’ Right to Pension 160
6.10. Remedies for breach of contract 164
6.11. Form of Action 170
CHAPTER 7
PROCEDURE FOR SETTLEMENT OF
INDUSTRIAL DISPUTES
7.01 The Right to Strike 173
7.02 Settlement of Industrial Dispute –Procedure 180
7.03 Jurisdiction of court in trade dispute or
intra and inter union dispute 185
- Whether the National Industrial Court is a
superior court of record under the Constitution
of the Federal Republic of Nigeria, 1999. 189
7.04 Strike – Justification 196
7.05. Comments on the prescribed mode of
settlement of trade disputes. 201
CHAPTER 8
PAYMENT OF COMPENSATION FOR
INDUSTRIAL INJURIES.
8.01 Duty of the Master/Employer to provide
a safe system of work. 203
8.02. Duty of Master\ Employer to provide a “safe
system” of work -the Common Law position. 204
8.03 The duty of the Master\ Employer to provide
a safe system of work-the Employees’
Compensation Act 2010. 205
8.04 Employee compensation Act 2010. 207
8.05. Procedure for making claims. 208
8.06. Duties of the employer 209
8.07. Entitlement to compensation. 209
8.08. Computation of compensation 209
8.09. Mental stress, occupational disease, hearing
impairment suffered by the employee. 210
8.10. Powers and functions of the Nigeria Social
Insurance Trust Fund Management Board. 211
8.11. Criminal liability. 211
CHAPTER 9
THE FACTORY ACT- APPLICATION OF THE
STATUTES TO HEALTH, SAFETY, WELFARE,
ACCIDENT, OCCUPATIONAL DISEASES,
ADMINISTRATION OF THE ACT,
OFFENCES AND PENALTIES.
9.01 Operation of the Factories Act 212
9.02 What is a Factory? 212
9.03 Registration of Factories: 215
9.04 Health provisions – Cleanliness 215
9.05 Safety provision – fencing or guarding of machines. 217
9.06 When is machinery dangerous? 220
9.07 Vessels containing dangerous liquids 221
9.08 Self-Acting machines. 221
9.09 Staff training and supervision
of inexperienced workers. 222
9.10 Hoists and lifts 222
9.11 Chains, ropes and lifting tackle 223
9.12 Cranes and lifting machines 223
9.13. Safe means of access and safe place of employment. 224
9.14 Precautions against gassing 224
9.15 Precautions with respect to explosive or
inflammable dust gas vapour or substance. 224
9.16 Steam boilers 225
9.17 Steam receivers and steam containers. 225
9.18 Air Receivers 225
9.19 Safety provision in case of fire. 226
9.20 Power of Inspector to issue prohibition
notice as to dangerous factory. 226
9.21 Welfare Provisions 227
9.22 First Aid 227
9.23 Health, safety and welfare (Special
Provisions Regulations). 228
9.24 Accidents and Occupational Diseases. 228
9.25 Administration of the Act 229
9.26 Offences, penalties and legal proceedings. 229
9.27 Petroleum regulations: Made under the
Petroleum Act 2004. 231
APPENDIX 1
LAWS RELATING TO TERMS AND
CONDITIONS OF EMPLOYMENT.
- Labour act 2004 232
- National minimum wage act 2004 302
- Wages board and industrial council act. 308
APPENDIX 2
LAWS RELATING TO EMPLOYEES WELFARE
- Factories act 332
- Employees compensation act 2010. 399
- Employees housing schemes (special provision) act. 447
- National social insurance trust fund. 456
- Industrial training fund. 511
APPENDIX 3
LAWS RELATING TO TRADE UNIONS
AND DISPUTE RESOLUTION.
- Trade union act. 521
- Trade unions(amendment)act 574
- Trade unions (international alliance) act 580
- Trade dispute act 2004 581
- National industrial court rules 2007 615
- Trade dispute (essential services) act 2004 624