EMPLOYER’S LIABILITY TO HID EMPLOYEE UNDER THE NIGERIAN CONTRACT OF EMPLOYMENT
ABSTRACT
The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general well-being of the nation’s citizenry. Labour law has a vital role to play in the mobilization of the work force for national growth. The major players in employment are essentially-the employer and the employee and whenever there is a contractual relationship between these two parties, the binding contract naturally brings about rights and duties which must be complied with. Their respective rights and duties have to be analyzed wholly in contractual terms. In many civilize countries, a case study of Nigerian, it has been observed from historical antecedents, a structured favour to employers over and above the employees liability arose. As much as it is an undisputed fact that employers reserve the right to dismiss alongside other rights, employees also have rights which they can also exercise. But in most circumstances, due to ignorance of many employees, the opportunity to challenge such unlawful acts of the employerselude them. Efforts has been made in this research projects to identify these problems, their causes and also solutions have been suggested in the concluding chapter for a need to reform the whole set up as it affects labor law and practice in Nigeria.
TABLE OF CONTENTS
i. Certification
ii. Dedication
iii. Acknowledgment
iv. Abstract
v. Table of contents
vi. Table of cases
Table of statutes
List of abbreviations
CHAPTER ONE:INTRODUCTION- MEANING AND SCOPE, FORMATION, HISTORICAL BACKGROUND AND BASIS OF LIABILITY
1.1 Meaning and Scope of Contract Of Employment
1.2 Formation of contract of employment
1.3 Terms of a contract of employment
1.4 Historical background of employer’s liability
1.5 Basis Of The Employer’s liability
CHAPTER TWO:DUTIES OF THE EMPLOYER AND RIGHTS OF THE EMPLOYER AND EMPLOYEE
2.1 Source of the Employers Duties
2.2 The common Law Duties
2.2.1 Duties to make available proper tools and plants for
work
2.2.2 Safe place of work
2.2.3 Safe and secure system of work and supervision
2.2.4 Competent staff with reasonably competent fellow Employee’s
2.3 The statutory duties
2.3.1 Adequate training of workers
2.3.2 Paymentof wages
2.3.3 Provision of safe sanitary system and humane conditions of work
2.3.4 Annual holiday with pay
2.3.5 Sick leave
2.3.6 Employee’s compensation
2.3.7 Vicarious liability
2.4 Rights of the employer and employee in a contract of employment
CHAPTER THREE:LIABILITIES OF THE EMPLOYER AND REMEDIES OF THE EMPLOYEE
3.1 Contractual breach and employer’s liability
3.2 Remedies provided by the contract to the aggrieved employee
3.3 Remedies provided by the law to the aggrieved employee
CHAPTER FOUR:SUMMARY,CONCLUSION AND
RECOMMENDATION
BIBLIOGRAPHY
TABLE OF CASES
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AcbLtd V. Apugo (1995)6 NWIR (pt. 399)65
Smith v. General motor cab. Co. (1911)A.C. 188
Cassidy v. Minister of health (1951) ALLE.R 574
Adeyemo v. Oyo state public service commission (1978)2 LRN 268
S.F. Peters of Oronv. H.E. Symmons (1924) 5 NLR 97
Gregory v. Ford (1951) ALLE.R 121
Laws v.London chronicles (Indicators Newspaper) Ltd(1959)2 All E.R 285
Hammer v. Cornelius (1858) 141E.R91
Rob v.green (1895)2QB315 at 317
Priestly v.fowler (1837)3M&W 17LJEX42
Wilson&Clyde coal Co.Ltd v.English (1937)3 All E.R628,
(1938) A.C57.
Nigerian Tobacco co. Ltd v.AlloysiusOlumbaAgunanne(1995)5
kir 997
Lovell v. Blundells and Crompton& co.Ltd (1944)2 ALL E.R 53.
Bowater v. Rowley Regis cooperation (1944)All E.R 465
Taylor v. Rover co. Ltd (1966)2 All E.R 181
Hudson v. Ridge manufacturing co Ltd (1957)2ALL E.R 229
Smith v. CrossleyBrothers ltd (1951) 95 so/JO 655 CA
Longe v. First Bank of Nigeria Plc(2006) I.C.L.R.N.105
Hanley Pease and Partners Ltd (1915) 1kb 698
Lister v. Romford ice and cold storage co. Ltd (1957) 1ALL E.R 125
Coller v. Sunday Referee publishing co Ltd (1940) 2K. B.647 at 655
Fenton v. Thoreley and co Ltd (1903) ac 443 at 447
Jones v. Secretary of state for social service (1972) 1 all e.r
Isievwore v. N.E.P.A (2002) 7S.C (pt.2) 125
Olaniyan v. University of Lagos (1985) 2 NWLR (pt.9) 599
Iderima v. Rivers state civil service commission (2005) 7 s.c (pt.3) 135
Unwagbanebi v. N.P.P.N (1980)3 NWLR (pt.30) 489
Adebayo v. Lister motors Nigeria Ltd (1980) O.Y.S.H.C. 1
Godwin Omumukav. Celestine Ubani&ors (1972) ECSLR4 500
ShittaBay v. Federal Public Service Commission (1981) I.S.C.
Head of Military Government v. Uwaachukwu (1976) INMLR
Head of Federal Military Government v. Govonor, Mid western
stateexpartObiyan (1973) I ALL N.L.R (pt.2) 297
Hart v.The Military Governor Rivers State (1976)2 F.N.L.R 215
TABLE OF STATUTES
NIGERIAN STATUTES
Nigerian Labor Act, Cap 14 LFN, 2014
section 1 – – – – – – – – –
section 12(1) – – – – – – – – –