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EMPLOYMENT AND LABOUR LAW CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Discrimination  -  Employee Benefits  -  Employees Rights   -  Human Resources Law  -  Labor Relations  -  Outsourcing  -  Sexual Harassment  - Whistleblower   -   Workers Compensation  -  Wrongful Termination

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
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TITLE

MAIN ISSUES

A.C.B. LTD V. EWARAMI

EMPLOYMENT - MASTER AND SERVANT:- Wrongful dismissal - Declaration that purported dismissal is wrongful - Damages for - Declaration that defendant is still in the employ of appellants - Refusal to proceed on transfer - Letter of dismissal not produced at trial - Appellants electing not to give evidence –Effect

ABALOGU V SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

EMPLOYMENT AND LABOUR LAW:– Contract of employment – Distinction between termination clause and dismissal clause.

 

ABDALLAH V ACHOU

EMPLOYMENT - MASTER AND SERVANT:- Action to recover salary earned – Whether cannot be brought as damages for breach of contract – Whether can only be brought as alternative or separate claim to damages for breach of contract.

ADAMS V. ADAMS

 

ADEKO V IJEBU-ODE DC

EMPLOYMENT - MASTER AND SERVANT:- Wrongful dismissal - Allegation of - Breach of natural justice in servant not being given a hearing - Whether the breach vitiates the dismissal even though justifiable ground exists.

ADEDAPO ADENIRAN  V NATIONAL ELECTRIC POWER AUTHORITY(CA)

EMPLOYMENT AND LABOUR LAW - MASTER AND SERVANT:– Fair hearing – Employee heard as a witness when investigating an allegation against him – Whether satisfies the requirement of fair hearing.

EMPLOYMENT AND LABOUR LAW - MASTER AND SERVANT:– Fair hearing – Employee’s appointment terminated without complying with contract stipulations – Effect of.

EMPLOYMENT AND LABOUR LAW - MASTER AND SERVANT:– Termination of employment – Employment protected by statute and employment governed by contract – Distinction and procedure for termination of each

EMPLOYMENT AND LABOUR LAW - MASTER AND SERVANT:– Wrongful termination of employment – Onus of proving the terms and conditions of the contract between the parties – On whom lies.

ADEWUNMI V PLASTEX (NIG) LTD

EMPLOYMENT :-  Servant and agent – Distinction between an independent contractor and a servant or agent – Test

 

ADO IBRAHIM & COMPANY LTD V. BENDEL CEMENT COMPANY LTD

EMPLOYMENT - CONTRACT OF EMPLOYMENT: Contract of employment governing employer/employee relationship - Effect

AFRICAN CONTINENTAL BANK PLC v. BENEDICT O. NBISIKE

LABOUR LAW - COLLECTIVE BARGAIN/AGREEMENT: Nature of collective agreements

EMPLOYMENT - DISMISSAL OF AN EMPLOYEE:- Whether an employer can dismiss his employee without alleging any specific act of misconduct on the employee's part as the ground for the dismissal

AGBONIKHENA V EGBA

LABOUR LAW - TRADE UNION:- Alleged breach of own Constitution - Individual members suing for  redress - Locus standi of such members.

LABOUR TRADE UNION:- Breach of Constitution by members who claim to be offic­ers of the Union - Offending members sued in individual capacity by other members disputing their being officers - Propriety of

AINA V. WEST AFRICAN DRUG CO. LTD

EMPLOYMENT LAW: Loss of salary and bonuses due to motor accident – Whether recoverable against party responsible for accident – How determined

AINA V TRUSTEES NIG. RAILWAY CORP. PENSIONS FUND

 

AKANDE AND ANOTHER. V. AKANDE AND OTHERS

EMPLOYMENT LAW- AGENT:- Accountability of agent - Family suing for account of monies received from dealings with family land by defendant family member as agent of co-defendant, family head - No allegation by plaintiffs that defendant a trustee for family - Whether defendant accountable to them

AKINFOSILE V MOBIL OIL (NIG.) LTD

EMPLOYMENT LAW:- Agency - Rights of agent - Rights against principal - Wrongful termination of agency - Remuneration - Agent wrongfully prevented from earning remuneration - Damages for wrongful termination of agency – Whether limited to amount agent would have earned during agreed period of notice of termination

AKINOSHO V ENIGBOKAN

EMPLOYMENT LAW - MASTER AND SERVANT - Contract of employment - Determination of on allegation bordering on criminality – How treated

EMPLOYMENT LAW - MASTER AND SERVANT:- Termination of employment - Allegation against employee - Where of criminal nature - Whether employment could be terminated without proof of allegation

AKINOSHO V ENIGBOKAN

EMPLOYMENT LAW:- Place of business – Possessory right over same – Whether attaches to an employee of the business who is not privy to the tenancy agreement – Whether employee is right person to proceed against in recovery of place of business

ALHAJI SHEHU ABDUL GAFAR V. THE GOVERNMENT OF KWARA STATE & OTHERS

EMPLOYMENT LAW – PANEL OF INQUIRY:- Indictment arising out of the course of employment – Demand to return portion of money allocated for a project – Statute ousting jurisdiction of court to entertain challenge of same – How treated

ALIDU ADAH  v NATIONAL YOUTH SERVICE CORPS

EMPLOYMENT LAW – TERMINATION OF EMPLOYMENT:-

ALRAINE (NIG) LTD V. ESHIETT

EMPLOYMENT LAW:- Master and Servant - Unlawful termination of employment - Contract - Isolated act of negligence - Whether sufficient to justify dismissal of a servant - Measure of damages

AMON V RAPHAEL TUCK AND SONS LTD

EMPLOYMENT LAW – SPECIAL EMPLOYMENT:- Employment pursuant to an agreement for employee to deliver his intellectual property to employer for the manufacture and market of a product on a royalty/commission basis – Dispute arising therefrom – Necessary parties thereto

ANGELO CATTANEO V CANDIDO DA ROCHA

EMPLOYMENT LAW:- Master and Servant – Wrongful dismissal – Measure of damages–­Possibility of other employment – Whether relevant

ANGLIA TELEVISION LTD Vs. REED

EMPLOYMENT LAW:- Contract – Breach of – Damages – Measure – Expenditure incurred before contract made – Expenditure recoverable if within contemplation of parties as likely to be wasted if contract broken – Television company incurring expenditure in respect of proposed film – Expenditure on fees to director, designer and stage managers, before contract made with leading actor – Leading actor subsequently repudiating contract – Television company entitled to recover pre-contract expenditure – Necessity to elect between claiming for wasted expenditure and loss of profits.

ANYA V. IYAYI

 

APAMPA V THE STATE

EMPLOYMENT LAW:- Non-academic staff of university – Where appointed by University Council established under the University’s constitutive Act – Whether a “person employed in the public service” for the purposes of the Criminal Code – Relevant considerations – Effect

ARCHBISHOP OLUBUNMI OKOGIE & ORS. v. MRS MARGARET EPOYUN

EMPLOYMENT LAW:- Retiree and calculation of retirement benefits – Gratuities and pension – applicable scale – How determined

 

ATTORNEY-GENERAL OF CROSS RIVER STATE  V ESIN

EMPLOYMENT LAW - MASTER AND SERVANT:- Judicial officers - Removal of - Degree of misconduct to warrant removal.

ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA V ADELAIDE STEAMSHIP COMPANY, LIMITED

EMPLOYMENT LAW:- Wages of workers – Commodity selling in diverse markets – Agreement to vary wages of workers depending on the selling price of commodity produced – Coal -  Relevant considerations – When deemed in restraint of trade - Whether enforceable – Relevant considerations

AUGUSTINE MAIKYO V. W. E. ITODO LGA BENUE STATE SERVICE COMMISSION

EMPLOYMENT LAW – FORCED RETIREMENT:- Where based on report of Panel of Investigation – Duty to uphold principles of fair hearing and natural justice – Allegation which is criminal in nature – Whether must in all circumstances be proved by a court of competent jurisdiction  

AWOPEJU V FAMAKINWA

EMPLOYMENT LAW - MASTER AND SERVANT:- Salary of employee dependent on profit by master – Whether Court is to give effect to same.

B.A. MOROHUNFOLA V. KWARA STATE COLLEGE OF TECHNOLOGY

 

BABATUNDE AJAYI V. TEXACO NIGERIA LIMITED and ORS

EMPLOYMENT LAW:- Master and Servant -Determination of contract of service - When wrongful - Whether motive and malice relevant.

BAGGS v. LONDON GRAVING DOCK COMPANY, LIMITED.

EMPLOYMENT LAW:- Workmen's compensation – Worker injured in the cause of work - Assessment of compensation - Partial or full incapacity – How determined – Nature of evidence allowed - Inability to seek "suitable employment" – How proved - Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 84), s. 9, sub-s. 3 (i.).

BAKARE V NIGERIAN RAILWAY CORPORATION

 

BAKARE v. L. S. C. S. C

MASTER AND SERVANT - Dismissal of employee - V1 hen it is deemed to take effect

BANK OF THE NORTH V INTRA BANK S. A

 

BANKOLE V NIGERIAN BROADCASTING CORPORATION

EMPLOYMENT LAW:- Master and Servant-Contract of Service-Dismissal of servant against whom a charge had been made — No opportunity to be heard granted the servant by the investigating tribunal — Whether contrary to principles of Natural Justice

BARKONO V C.O.P.

EMPLOYMENT LAW:- Evidence of employee on behalf of employers in an action in negligence against employers by a third party– When deemed evidence of "Person interested" – Admissibility - How treated

BARKWAY V. SOUTH WALES TRANSPORT CO., LTD.

EMPLOYMENT LAW:- Evidence of employee on behalf of employers in an action in negligence against employers by a third party– When deemed evidence of "Person interested" – Admissibility - How treated

BASHIR ALADE SHITTA-BEY V. THE FEDERAL PUBLIC SERVICE COMMISSION

EMPLOYMENT  LAW - CONTRACT OF EMPLOYMENT:-  Statutory employment/Public service - Whether servant cannot claim specific performance of contract of employment – Basis and justification – Whether order of mandamus may be issued to secure same

BENSON V OTUBOR

EMPLOYMENT  LAW:- Master and Servant - Driver causing plaintiff damage by negligent driving - Master accepting liability, later denying knowledge of driver – How treated

BEREDUGO  v. COLLEGE OF SCIENCE AND TECH

EMPLOYMENT LAW - MASTER AND SERVANT:- Termination of appointment – Where proper procedure followed - Whether anticipatory breach still arises

EMPLOYMENT  LAW -MASTER AND SERVANT:- Wrongful dismissal - Measure of damages thereof

BERNARD E. NGUN V. MOBIL PRODUCING NIGERIA UNLIMITED

EMPLOYMENT LAW - CONTRACT OF EMPLOYMENT:- When employer-employee relationship deemed to exist – Effect

BERNARD OJEIFOR LONGE V. FIRST BANK OF NIG. PLC

EMPLOYMENT LAW:– Content of a contract of employment - Categories of contracts of employment

BRITISH-AMERICAN INSURANCE COMPANY NIG. LIMITED V OMOLAYO

EMPLOYMENT LAW - MASTER AND SERVANT:- Dismissal of employee under common law - Ground therefor.

BROWN V HALO LIMITED

EMPLOYMENT LAW:-Contract – Frustration —Plaintiff employed as storekeeper by Defendants-Outbreak of Civil War - No communication between Plaintiff and Defendants owing to blockade of former Eastern Region - Whether Contract of employment frustrated.

BONSOR V MUSICIANS' UNION

LABOUR LAW:- Trade Union - Whether legal entity – Membership rights of a member – Whether protected - Expulsion of member – Where deemed ultra vires Rules of union –Whether claim for damages can be maintained

LABOUR LAW – TRADE UNION:- Legal status of a trade union - Nature of contract between trade union and members – Whether contractual – Whether can sustain a claim in damages or tort against union by members

C M S NIGERIA BOOKSHOPS V AWANI

 

C. F. A. O. v. IKPEAZU

EMPLOYMENT LAW - MASTER AND SERVANT:- Vicarious liability - Determinant of liability of
master for tort of servant.

EMPLOYMENT LAW - MASTER AND SERVANT:- Vicarious liability - Master expressly prohibiting tortious act - Whether can still be liable

CALABAR CEMENT CO. LTD.  V. ABIODUN DANIEL

EMPLOYMENT LAW - MASTER AND SERVANT:- Wrongful termination of employment - Measure of damages.

CENTRAL BANK OF NIGERIA V.  MRS AGNES M. IGWILLO

EMPLOYMENT LAW:- Categories of contracts of employment – Employments with statutory flavor –  Legal implication for nature of employment of persons employment in Nigeria’s public service –  Need to respect the provisions of the Staff Service Manual

COMPTROLLER ABDULLAHI B. GUSAU V. COMPTROLLER GENERAL OF CUSTOMS & ORS

EMPLOYMENT LAW - EMPLOYMENT WITH STATUTORY FLAVOUR: Compulsory retirement of a public servant of established and pensionable cadre before the mandatory retirement age - When unlawful, null and void

D.E.A. BERRI V BARBER WEST AFRICAN LINE INC

EMPLOYMENT LAW - MASTER AND SERVANT:- Vicarious liability - Transfer of responsibility of matters to third party - Principles applicable

DANIELS V SHELL-BP DEV (NIG.)LTD.

EMPLOYMENT LAW - MASTER AND SERVANT:- Contract of employment – What constitutes reasonable notice in the absence of written agreement relating to notice for termination

DAWODU V AGBONAHO

EMPLOYMENT  LAW:- Master and Servant – Negligence — Collision between motor vehicles – Driver leaving goods in vehicle in the care of third party –  Third party starting vehicle without ignition key-Whether owner of vehicle vicariously liable for negligence of third party.

DR OBO V COMMISSIONER FOR EDUCATION BENDEL STATE

EMPLOYMENT LAW - CONTRACT OF EMPLOYMENT:– Statutory employment - How breached – Absence from duty without leave for extended period of time – Whether such a fundamental breach that employee can be summarily dismissed without recourse to rules for terminating statutory employment

EMPLOYMENT LAW - CONTRACT OF EMPLOYMENT:– Disciplinary action meted out to an erring employee by an employer – Where employer decides to terminate rather than summarily dismiss an employee who without explanation persisted in disobedient absenteeism for eight years – Whether the decision is appropriate

DR. DARU & ORS v. BARRISTER IBRAHIM AMINU UMAR

EMPLOYMENT LAW – VICARIOUS LIABILITY:- Public health workers as persons employed in the public service of the Federation by virtue of their employment – Vicarious liability of parent hospital for any proved damages in negligence or default/wrong

DR. GRACE AWAEKPO v. ST MARY'S NHS TRUST AND OTHERS

 

DR. TAIWO OLORUNTOBA-OJU & ORS. V. PROFESSOR SHUAIB O. ABDUL-RAHEEM & ORS.

EMPLOYMENT LAW - CONTRACT OF EMPLOYMENT WITH STATUTORY FLAVOR: What amounts to same and how determined

 

E. P. IDERIMA V. RIVERS STATE CIVIL SERVICE COMMISSION

EMPLOYMENT AND LABOUR LAW - MASTER/SERVANT RELATION: Categories of master servant

 

E.O. AMODU  V  J.O. AMODE & ANR

 

EGBUCHU v. CONTINENTAL MERCHANT BANK PLC & ORS - 2

EMPLOYMENT LAW:- Employment subject to statutory conditions – Managing Director of a Finance Institution – Where there exist statutory conditions and procedures for his removal – Validity of purported removal made without observing same

EMPLOYMENT LAW:- Employment rights and Connected companies with separate legal/incorporation status – Employee appointed to a new post in an incorporated subsidiary under parent company of original employment – Where conditions of service/remuneration remains the same – Whether a mere secondment – How treated

ELECTRICITY CORPORATION OF NIGERIA V NICOL

EMPLOYMENT  LAW:-Master and Servant - Misconduct of servant - Master failing to complain - Whether complaint could be a ground for dismissal on subsequent occasion - Master and Servant - Contract - Breach - Measure of damages - Electricity Corporation of Nigeria - Regulations and conditions of service - Discipline of officers in senior service - Whether powers vested in General Manager of Corporation

EMEKA NWANA V. FEDERAL CAPITAL DEVELOPMENT AUTHORITY

 

EMEKA NWANA v.FEDERAL CAPITAL DEVELOPMENT AUTHORITY

EMPLOYMENT LAW - CONTRACT OF EMPLOYMENT – LICENSEE OF PROPERTY:- Whether a licensee acquires a legal interest to sue an employer for trespass

EMPLOYMENT LAW - TERMINATION OF EMPLOYMENT CONTRACT:- Agent or servant allowed occupying premises belonging to his principal for the mere convenient performance of his duties

FEDERAL CAPITAL DEVELOPMENT AUTHORITY V. ALHAJI MUSA NAIBI

 

FEDERAL CIVIL SERVICE COMMISSION V. J.O. LAOYE

 

FEDERAL POLYTECHNIC BAUCHI & ANOR v. ABDULFATTAH ABOABA & ANOR

EMPLOYMENT LAW:- Rule that there is a difference in status between contracts of personal service and contracts of service which enjoy statutory protection - Whether contract of service can only be terminated in the manner prescribed by the governing statutory provision – Whether a breach of the statutory provision cannot result in a unilateral repudiation nor can the contract agreement be discharged on the agreement of the parties without compliance with the enabling statutory provision

FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS v. DR. (MRS) ADAEZE G.N.C. OKOLI

EMPLOYMENT LAW: Termination of statutory employment – Staff of a federal university – valid way of terminating such employment – valid way of bringing suit challenging perceived wrongful termination – Competent parties – whether Attorney General of the Federation is a competent and necessary party - Need to observe statutory stipulations – Effect of failure thereof – relevant considerations

FETUGA V. WESTERN NIGERIA HOUSING CORP.

EMPLOYMENT  LAW:- Contract - Master and servant - Wrongful dismissal

FIRST BANK OF NIGERIA PLC V MRS DIBO ABOKO

EMPLOYMENT LAW:- Summary dismissal arising from defamatory accusation in the course of employment – Whether relevant consideration in assessment of damages – How treated by court

FORESTRY RESEARCH INSTITUTE OF NIGERIA V. MR. I. A. ENAIFOGHE

EMPLOYMENT LAW – DISMISSAL:- Claim for wrongful dismissal from statutory employment – Need to bring same within period prescribed under the Public Officers’ Protection statute – Effect of failure thereto

FOULSHAM V PICKLES

EMPLOYMENT LAW:- Taxation and employment – Earnings from abroad – Mode of payment provided by the contract of employment – Where  employment deemed not wholly out of jurisdiction – Effect

FRANCIS ADESEGUN KATTO V CENTRAL BANK OF NIGERIA

EMPLOYMENT LAW – TERMINATION OF APPOINTMENT:- Where based on military Decree empowering appropriate authority to retire compulsorily or remove from office summarily – Ouster of court’s jurisdiction if such retirement or removal was by appropriate authority – When court may intervene – Duty of court in interpreting such statute



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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com



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