Nigerian Labour Law

Course main Aim/Goal

To enable the student understand ways in which management of labour within industry is regulated by law.

General Objectives:

1. Understand the scope of Industrial Law and the contract of employment

2. Know the method of termination of contract of employment and the consequences.

3. Know the legal position of parties of employment contract

4. Understand the implied duties of employers and employees

5. Understand the scope of the law relating to safety, health and welfare of workers under the common law.

6. Know the legislation protecting safety, health and welfare of workers.

7. Understand the legal framework of industrial relations.

8. Understand industrial injury and disablement.

9. Know fatal accident and right of dependents of a deceased worker.

1.1 Explain the scope and sources of industrial law.

1.2 Distinguish between contract of employment and contract of apprenticeship.

1.3 Explain the labour Act 1974 and other subsequent amendments.

1.4 Describe the principles of formation of contract of employment.

1.5 Distinguish contract of service from contract for service

i. Explain sources of industrial law.

ii. Explain contract of employment and contract of apprenticeship pointing out their differences and citing examples.

iii. Examine the labour Act 1974 and its subsequent amendments.

iv. Explain contract of and contract for service giving their differences and citing examples.

v. Describe principles of formation of contract of employment

Distinguish between contract of employment and contract of apprenticeship.

Explain the Labour Act 1974 and other subsequent amendments.

Describe the principles of formation of contract of employment.

Distinguish contract of service from contract for services

Guidance on the principles of employment law. Working in pairs - examine case law and  examples to distinguish between contract of  and contract for services

Refer to questions on the formation of a contract of employment

2.1 Explain dismissal with or without notice.

2.2 Explain summary dismissal and consequences.

2.3 Explain written statement of reasons for dismissal.

2.4 Explain action for wrongful dismissal and damages.

2.5 Explain termination of contract of employment.

2.6 Explain remedies of specific performance, injunction, declaration

i. Explain dismissal with or without notice, summary dismissal and consequences, written statement of reasons for dismissal, action for wrongful dismissal and damages, termination of contract of employment and its conditions.

ii. Explain specific performance, injunction and declaration and their remedies.

Identify conduct that could lead to and procedure for dismissal and legal implications. Explain termination of contract of employment. Explain remedies of specific performance, injunction, declaration.

Advise and guide students on improper conduct and capability issues leading to possible termination of the contract. Group work on the case studies and the problems. Presentation of the outcomes.

3.1 Explain the contractual capacity of public servants, armed forces and the police.

3.2 Explain the legal position of directors.

3.3 Explain the capacity to contract by minors, partners, companies.

3.4 Explain temporary employees, probationary employees, etc.

3.5 Distinguish permanent employment from contract employment

i. Explain the contractual capacity of public servants, armed forces and the police.

ii. Examine the legal position of directors.

iii. Explain minors, partners, and companies. and their capacity to contract.

iv. Distinguish temporary, probationary, permanent and contract employment. Give assignment.

Identify cases contractual, relationships by minors, partners companies and partners.

Explain the contractual capacity of public servants, armed forces and the police.

4.1 Explain the employer’s duty to pay remuneration, and indemnity to employee and sick person.

4.2 Explain hours of work, holidays, time off-work for public duties.

4.3 Discuss the importance of providing references to employees.

4.4 Explain the employees’ duty to be ready and willing to work to use reasonable care and skills.

4.5 Explain the employees’ duty to obey lawful orders and to act in good faith.

4.6 Explain the importance of covenants in restraint of trade

i. Explain remuneration, and indemnity and the employer’s duty to pay employee and sick person.

ii. Examine hours of work, holidays, time off-work for public duties in relation to the Nigerian Civil Service today.

iii. Explain references and the importance of providing them to employees.

iv. Explain readiness and willingness to work, use of reasonable care and skill and the employee’s duty in these regard.

v. Explain lawful orders and the employee’s duty to obey them and to act in good faith.

5.1 Explain the principles of the common law of safety health and welfare of employees.

5.2 Explain the duty to provide safe system of work and competent staff to enforce the rules.

5.3 Describe the importance of the provision of proper safe working premises and safe working equipment.

5.4 Explain the relevance of providing adequate safety and protective equipment

i. Explain common law of safety, health and welfare of employees and its principles.

ii. Explain the need for safe system of work and competent staff to enforce the rules.

iii. Describe safe working premises and safe working equipment and the need to provide them.

iv. Describe protective equipment and their role in providing adequate safety in a work environment.

v. Show film to demonstrate industrial hazards. vi. Carry out field trip to a manufacturing industry to see a typical work environment and working equipment.

6.1 Identify the broad scope of the Factories Act 1987 (Nigeria)

6.2 Explain the meaning of a ‘factor’ within the Act.

6.3 Explain the duty imposed by the act in respect of fencing of machinery, construction and maintenance of fencing, construction and maintenance of new machinery, handling of vessels containing dangerous liquids, and the construction of hoist, lifts, crane and lifting tackles.

6.4 Explain the absence of direct legislation on offices, shops and railway premises in Nigeria other than the Factories Act 1987.

6.5 Identify the subsidiary legislation protecting working in  mining industry - the Mineral (safe mining) Regulation 1958 and Petroleum Regulations 1967.

Explain the scope of the Factories Act 1987 (Nigeria). ii. Define “factor” as contained in the Act in (i) above.

iii. Examine the provisions of the Act in relation to:

a) fencing of machinery

b) construction and maintenance of fencing.

c) Construction and maintenance of new machinery.

d) Handling of vessels containing dangerous liquids.

e) Construction of hoists, lifts, cranes and lifting tackles.

iv. Relate iii(a-e) above to the provision of adequate security to work premises and employee safety.

v. Explain the absence of separate legislation on offices, shops and railway premises in Nigeria other than the its security situation.

Act in (i) above and its effects.

vi. Explain the subsidiary legislation protecting working in mining industry

- the Mineral (safe mining) Regulation 1958 and Petroleum Regulations 1967 etc.

vii. Visit a typical factory to assess (iii a-e) above and

7.1 Explain the status of registered and unregistered trade unions and the consequences of the Trade Union Act 1973.

7.2 Explain the legal meaning of trade disputes.

7.3 Explain collective bargaining.

7.4 Explain the legal rights of workers to strike.

7.5 Examine the existence of the Wages Board and Industrial Council Act 1973.

7.6 Identify the Trade Disputes Act 1976 and explain the powers of the Minister of Labour on the conciliation and arbitrations of trade unions

i. Explain registered and unregistered trade unions, their legal status and the consequences of the Trade Union Act 1973.

ii. Explain the legal meaning of trade disputes and the rights of workers to strike.

iii. Explain collective bargaining.

iv. Describe the functions of the Wages Board as spelt out in the Industrial Council Act 1973.

v. Explain the powers of the Minister of Labour on the conciliation and arbitrations of trade unions disputes as spelt out in the Trade Disputes Act 1976 and its subsequent amendments.

8.1 Explain industrial injury and disablement.

8.2 Explain occupational disease or “industrial disease”

8.3 Explain the basis for claims for industrial injury.

8.4 Explain the absence of national insurance scheme in Nigeria.

8.5 Explain the rights of a worker under the workman Compensation Act and other subsequent amendments.

i. Explain industrial injury and disablement, occupational disease or industrial disease and the basis for claims arising from industrial injury, citing relevant examples.

ii. Show relevant management films.

iii. Explain the need for a national insurance scheme in Nigeria and the consequences of its absence.

iv. Explain workman compensation scheme in relation to the Act establishing it and the rights of the worker as provided for in the Act and its subsequent amendments.

9.1 Explain what fatal accident means.

9.2 Explain the legal position when a servant is killed in the course of his employment.

9.3 Identify the rights of the dependents of a deceased worker under the Fatal Accident Act 1961 and the Workman Compensation Act 1987 and their subsequent amendments.

9.4 Explain the conditions for realization of the rights of the dependents of a deceased worker

i. Explain the term ‘fatal accident.’

ii. Explain the legal position when a servant dies or is killed in the course of his employment citing relevant
cases.

iii. Explain the rights of the dependents of a deceased worker under the Fatal Accident Act 1961 and the Work-man Compensation Act 1987 and their subsequent amendments.

iv. Explain the conditions for realization of the rights of the dependents of a deceased worker.

v. Give second Test