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