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BCL-Nov-2024-L1-Q3a-Unfair Termination of Employment

Legal basis for unfair termination of employment under the Labour Act.

Alahey, an employee of Gyammea Ventures, has had his appointment terminated following allegations of financial impropriety. In his response to a query for the alleged offense, he admitted committing the offense and pleaded for leniency.

For the offense of financial impropriety, the corresponding penalty should have been dismissal, as per the “Employee Handbook” of the company.

On account of his plea, Management decided to terminate the relationship with loss of terminal benefits. Alahey is minded to sue Gyammea Ventures for unfair termination and has approached you for advice.

Required:
With your understanding of the Labour Act, 2003, (Act 651), explain to Alahey the basis for severance of the employment relationship that can constitute unfair termination.

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BL – Nov 2015 – L2 – SB – Q5a – Employment Law

Advise on employee rights under Nigerian Labour Law and explain grounds for summary dismissal.

a. Professor John was appointed under the Establishment Law of XYZ University in Nigeria. The law of the University is a chapter in the Laws of the Federation of Nigeria. Six months ago, Professor John disagreed with the Vice-Chancellor on some policy issues. Two weeks ago, the Vice-Chancellor sacked him without recourse to the relevant organs of the University, claiming that as the Vice Chancellor, he had the power to summarily dismiss any staff of the University. Professor John has approached you for advice on the matter.

Required:

i. Advise Professor John on his rights under the Nigerian Labour Law.
(5 Marks)

ii. Explain TWO grounds upon which an employee may be summarily dismissed.
(5 Marks)

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BMF – May 2018 – L1 – SA – Q14 – The Role of Professional Accountants in Business and Society

Focuses on employee-related code of conduct policies.

The code of conduct in respect of employees as a stakeholder group might include all of the following EXCEPT
A. Equal opportunities for all employees regardless of gender, race, or religion
B. Refusal to tolerate harassment of employees by colleagues and managers
C. Respect for the privacy of confidential information about each employee
D. Concern for the health and safety of employees
E. Unfair dealing with the company’s customers

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BL – Nov 2021 – L1 – SB – Q6 – Employment Law

Examining estate administration, employment termination, limited liability partnerships, and exceptions to privity of contract.

a. Francis died without a Will, leaving a widow and five children. He has ₦20 million in his bank account.

Required:
i. Explain how Francis died under the law of administration of estates and the steps that the children of Francis must take to withdraw the money in the bank. (3 Marks)
ii. Explain what is meant by an administrator and differentiate him from an executor. (2 Marks)

b. Margaret has been working for Neki Limited for three years as a clerk without a letter of appointment but has been paid monthly salary regularly. On the last working day of a month, Margaret was handed her salary for that month and a letter terminating her appointment with immediate effect.

Required:
i. Explain briefly TWO ways in which Margaret’s rights as an employee have been violated by Neki Limited. (5 Marks)

c. “For a limited liability partnership to be incorporated, two or more persons associated for carrying on a lawful business with a view to making a profit shall subscribe their names to an incorporation document” – Section 753 (1) Companies and Allied Matters Act 2020.

Required:
i. Under the Companies and Allied Matters Act 2020, state the kind of books of account that a limited liability partnership must maintain.
ii. State the system of accounting that a limited liability partnership must comply with.
iii. State the title of the account the limited liability partnership must prepare.
iv. Within what period of time from the end of a financial year must a limited liability partnership prepare its accounts?
v. How long after the closure of its financial year must a limited liability partnership file its annual returns? (1 Mark each = 5 Marks)

d. A contract is a legally binding agreement with mandatory elements.

Required:
State TWO categories of persons with limited capacity to contract and THREE exceptions to the rule of privity of contract. (5 Marks)

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BL – May 2021 – L1 – SA – Q16 – Employment Law

Identifying the type of contract where a person is subject to the control of their master.

Question:

The contract by which a person is subject to the control of his master is a contract of

A. Control
B. Subjugation
C. Tortal involvement
D. Service
E. Work

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BL – MarJul 2020 – L1 – SA – Q19 – Employment Law

Question on identifying the employee's right to severance pay upon termination of employment.

Which of the following is an employee’s right upon termination of employment?
A. Right to be provided transportation
B. Right to sue the employer
C. Right to severance pay
D. Right to contest in court
E. Right to challenge the hirer

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BL – MarJul 2020 – L1 – SA – Q18 – Employment Law

Question on identifying the duty of the employer under an employment contract.

Under employment contract, which of the following is a duty of the employer?
A. Transport the employee to the place of work
B. Feed the employee daily
C. Provide safe working environment
D. Hold the employees’ properties for safekeeping
E. Grant scholarship to the employees’ children

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BL – May 2024 – L1 – SA – Q19 – Employment Law

Identify the term used to describe the removal of an employee without formalities.

The removal of an employee without formalities is called:

A. Resignation
B. Suspension
C. Dismissal
D. Layoff
E. Termination

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BCL – Nov 2018 – L1 – Q1c – Employment Law

Explain the type of service contract under which an employee's work falls.

AlRabico Chemists is the only pharmaceuticals in the northern region and Mr. Oppong is one of the key Pharmacists who had worked with the company for 18 years and has special skills which can only be used at AlRabico. His net monthly salary was GH¢15,000 and he always goes to Kumasi to spend the weekends with his family. On 14th July 2016, during a staff meeting, the new head Pharmacist Alhaji Mahmoud announced Mr. Oppong’s dismissal with immediate effect for insubordination. Mr. Oppong is deeply hurt and embarrassed by the action of Alhaji Mahmoud.

Required:
i) Explain with reasons the type of service contract Mr. Oppong’s work falls. (5 marks)

ii) What remedies are available for Mr. Oppong?

(2 marks)

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BCL – May 2018 – L1 – Q4b – Employment Law

Discuss possible orders from the Labour Commission and whether two employees have the same cause of action.

b) You are confronted with a case where two employees’ appointments had been terminated in a private company. One of the employees was sacked for participating in labour agitations against the employer, having worked for 2 months under an oral engagement by the company.

The other employee’s appointment in the same company was terminated because the employee absented himself from work for a day since he was severely injured, and his hospital attendance was duly certified by a recognized medical practitioner.

Required:
i) State TWO orders that the Labour Commission may give to the private company in favor of the affected employees/workers. (6 marks)

ii) Will both employees have the same cause of action? (2 marks)

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BCL-Nov-2024-L1-Q3a-Unfair Termination of Employment

Legal basis for unfair termination of employment under the Labour Act.

Alahey, an employee of Gyammea Ventures, has had his appointment terminated following allegations of financial impropriety. In his response to a query for the alleged offense, he admitted committing the offense and pleaded for leniency.

For the offense of financial impropriety, the corresponding penalty should have been dismissal, as per the “Employee Handbook” of the company.

On account of his plea, Management decided to terminate the relationship with loss of terminal benefits. Alahey is minded to sue Gyammea Ventures for unfair termination and has approached you for advice.

Required:
With your understanding of the Labour Act, 2003, (Act 651), explain to Alahey the basis for severance of the employment relationship that can constitute unfair termination.

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BL – Nov 2015 – L2 – SB – Q5a – Employment Law

Advise on employee rights under Nigerian Labour Law and explain grounds for summary dismissal.

a. Professor John was appointed under the Establishment Law of XYZ University in Nigeria. The law of the University is a chapter in the Laws of the Federation of Nigeria. Six months ago, Professor John disagreed with the Vice-Chancellor on some policy issues. Two weeks ago, the Vice-Chancellor sacked him without recourse to the relevant organs of the University, claiming that as the Vice Chancellor, he had the power to summarily dismiss any staff of the University. Professor John has approached you for advice on the matter.

Required:

i. Advise Professor John on his rights under the Nigerian Labour Law.
(5 Marks)

ii. Explain TWO grounds upon which an employee may be summarily dismissed.
(5 Marks)

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BMF – May 2018 – L1 – SA – Q14 – The Role of Professional Accountants in Business and Society

Focuses on employee-related code of conduct policies.

The code of conduct in respect of employees as a stakeholder group might include all of the following EXCEPT
A. Equal opportunities for all employees regardless of gender, race, or religion
B. Refusal to tolerate harassment of employees by colleagues and managers
C. Respect for the privacy of confidential information about each employee
D. Concern for the health and safety of employees
E. Unfair dealing with the company’s customers

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BL – Nov 2021 – L1 – SB – Q6 – Employment Law

Examining estate administration, employment termination, limited liability partnerships, and exceptions to privity of contract.

a. Francis died without a Will, leaving a widow and five children. He has ₦20 million in his bank account.

Required:
i. Explain how Francis died under the law of administration of estates and the steps that the children of Francis must take to withdraw the money in the bank. (3 Marks)
ii. Explain what is meant by an administrator and differentiate him from an executor. (2 Marks)

b. Margaret has been working for Neki Limited for three years as a clerk without a letter of appointment but has been paid monthly salary regularly. On the last working day of a month, Margaret was handed her salary for that month and a letter terminating her appointment with immediate effect.

Required:
i. Explain briefly TWO ways in which Margaret’s rights as an employee have been violated by Neki Limited. (5 Marks)

c. “For a limited liability partnership to be incorporated, two or more persons associated for carrying on a lawful business with a view to making a profit shall subscribe their names to an incorporation document” – Section 753 (1) Companies and Allied Matters Act 2020.

Required:
i. Under the Companies and Allied Matters Act 2020, state the kind of books of account that a limited liability partnership must maintain.
ii. State the system of accounting that a limited liability partnership must comply with.
iii. State the title of the account the limited liability partnership must prepare.
iv. Within what period of time from the end of a financial year must a limited liability partnership prepare its accounts?
v. How long after the closure of its financial year must a limited liability partnership file its annual returns? (1 Mark each = 5 Marks)

d. A contract is a legally binding agreement with mandatory elements.

Required:
State TWO categories of persons with limited capacity to contract and THREE exceptions to the rule of privity of contract. (5 Marks)

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BL – May 2021 – L1 – SA – Q16 – Employment Law

Identifying the type of contract where a person is subject to the control of their master.

Question:

The contract by which a person is subject to the control of his master is a contract of

A. Control
B. Subjugation
C. Tortal involvement
D. Service
E. Work

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You're reporting an error for "BL – May 2021 – L1 – SA – Q16 – Employment Law"

BL – MarJul 2020 – L1 – SA – Q19 – Employment Law

Question on identifying the employee's right to severance pay upon termination of employment.

Which of the following is an employee’s right upon termination of employment?
A. Right to be provided transportation
B. Right to sue the employer
C. Right to severance pay
D. Right to contest in court
E. Right to challenge the hirer

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You're reporting an error for "BL – MarJul 2020 – L1 – SA – Q19 – Employment Law"

BL – MarJul 2020 – L1 – SA – Q18 – Employment Law

Question on identifying the duty of the employer under an employment contract.

Under employment contract, which of the following is a duty of the employer?
A. Transport the employee to the place of work
B. Feed the employee daily
C. Provide safe working environment
D. Hold the employees’ properties for safekeeping
E. Grant scholarship to the employees’ children

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You're reporting an error for "BL – MarJul 2020 – L1 – SA – Q18 – Employment Law"

BL – May 2024 – L1 – SA – Q19 – Employment Law

Identify the term used to describe the removal of an employee without formalities.

The removal of an employee without formalities is called:

A. Resignation
B. Suspension
C. Dismissal
D. Layoff
E. Termination

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You're reporting an error for "BL – May 2024 – L1 – SA – Q19 – Employment Law"

BCL – Nov 2018 – L1 – Q1c – Employment Law

Explain the type of service contract under which an employee's work falls.

AlRabico Chemists is the only pharmaceuticals in the northern region and Mr. Oppong is one of the key Pharmacists who had worked with the company for 18 years and has special skills which can only be used at AlRabico. His net monthly salary was GH¢15,000 and he always goes to Kumasi to spend the weekends with his family. On 14th July 2016, during a staff meeting, the new head Pharmacist Alhaji Mahmoud announced Mr. Oppong’s dismissal with immediate effect for insubordination. Mr. Oppong is deeply hurt and embarrassed by the action of Alhaji Mahmoud.

Required:
i) Explain with reasons the type of service contract Mr. Oppong’s work falls. (5 marks)

ii) What remedies are available for Mr. Oppong?

(2 marks)

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BCL – May 2018 – L1 – Q4b – Employment Law

Discuss possible orders from the Labour Commission and whether two employees have the same cause of action.

b) You are confronted with a case where two employees’ appointments had been terminated in a private company. One of the employees was sacked for participating in labour agitations against the employer, having worked for 2 months under an oral engagement by the company.

The other employee’s appointment in the same company was terminated because the employee absented himself from work for a day since he was severely injured, and his hospital attendance was duly certified by a recognized medical practitioner.

Required:
i) State TWO orders that the Labour Commission may give to the private company in favor of the affected employees/workers. (6 marks)

ii) Will both employees have the same cause of action? (2 marks)

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