AN ANALYSIS OF EMPLOYER’S LIABILITY TO HIS 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

Chadwick v. Pioneer Private Telephone Ltd(1914) all E.R. 522 at 535

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