Index

• Pages: 1-59

INDEX

References are to paragraph numbers

Master and Servant

ABSENCE

Absence from duty without leave, 1.

ARREARS OF SALARY

Nature of claim subsequent to termination of employment, 2.

What claim for arrears of salary presupposes, 3.

CIVIL SERVICE RULES

Civil service rules and employment of civil servant, 4.

Legal status of service conditions of junior staff of the University of Calabar, 5.

Right to summary dismissal of civil servant, 6.

CLAIMS FOR SALARY OR LEAVE ALLOWANCE

Claiming salary and leave allowance, 7.

COLLECTIVE AGREEMENT

Can an employee enforce a collective agreement between Workers Association and Em-

ployers Association? 8.

Can collective agreement form part of contract of employment? 9.

Enforceability of collective agreement in contracts of employment, 10.

Is failure to comply with collective agreement justiciable? 11.

Legal status of collective agreement of Association of Banks, Insurance and Allied Insti-

tutions, 12.

Statutory effect of written condition of service, 13.

When a collective agreement is binding on an employer, 14.

COMMON LAW AND STATUTORY CONTRACT OF EMPLOYMENT

Distinction between common law contract of employment and statutory employment, 15.

CONFIRMATION OF APPOINTMENT OF EMPLOYEE

Confirmation of staff by implication, 16.

Determination of employment with statutory flavour, 17.

How to determine appointment which has been confirmed, 18.

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References are to paragraph numbers

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CONTRACT OF EMPLOYMENT

Appointment of a servant on probation can be terminated, 19.

Burden of proof of reasonableness of alternative employment, 20.

Classes of employer/employee contract in Nigeria, 21.

Consequence of termination of contract of employment, 22.

Construction of multiple documents governing conditions of service of an employee, 23.

Contracts of employment are determinable by the agreement of parties, 24.

Court will not grant specific performance for breach of contract of service, 25.

Court will not impose an employee on an unwilling employer, 26.

Damages recoverable for breach of contract, 27.

Determinant of character and status of employee, 28.

Determination of employment with statutory flavour, 29.

Do persons under employment on same conditions have collective right to sue? 30.

Effect of termination of employment, 31.

Employer bound to give reason for terminating the appointment of his employee, 32.

Employers motive for terminating an employees appointment is not relevant, 33.

Fact that an employer is a statutory body does not make employment one with statutory

flavour, 34.

Failure or success of an action challenging the termination or retirement from service is

not regarded in determining whether or not to pay accrued entitlements, 35.

Failure to tender salary in lieu of notice contemporaneously with letters of termination,

36.

How character of appointment and status of employee is ascertained, 37.

Is a claim of wrongful dismissal of employee a trade dispute? 38.

Master’s right to terminate servants employment, 39.

Measure of damages recoverable for breach of written provision stipulating length of

notice of termination of employment, 40.

Nature of a contract of appointment, 41.

Need to follow prescription of condition of service in determination of an employment of

a staff, 42.

Onus is on dismissed employee where permanent appointment was converted into con-

tract employment, 43.

Onus is on party alleging wrongful dismissal or termination of employment, 44.

Principle governing termination of employment, 45.

Principles governing claim of specific performance of contract of service, 46.

Principles governing master and servant relationship, 47.

Principles governing termination of contract of master and servant, 48.

Proper order to make for breach of master servant contract, 49.

Reasonableness of offer of alternative employment, 50.

Relevance of motive of determination of master servant relationship, 51.

Rights of parties to terminate contract of employment, 52.

The status of an employee is determined by the legal character of the contract of his

employment, 53.

What governs creation and determination of contract of employment? 54.

What governs terms of employment between employer and employee? 55.

Where an employee wrongly repudiates contract there is no fair hearing, 56.

References are to paragraph numbers

Vol. 16 : Index Master and Servant {3}

Where there is no written agreement as to period of notice required for termination of

contract of employment, 57.

CONTRACT OF SERVICE

Bindingness on parties of terms of contract of service, 58.

Can employee or employer seek reinstatement of the employee in ordinary master-ser-

vant relationship? 59.

Compliance with conditions of service, 60.

Court compelling an unwilling employer to retain an employee, 61.

Court’s attitude to claim for specific performance of contract of service, 62.

Employer or employee cannot compel the performance of a contract of service, 63.

Grant of specific performance of contract of service, 64.

Need to plead terms of contract of service, 65.

Ordering of specific performance of contract of service, 66.

Remedy available for breach of contract of service, 67.

Right of employer under common law contract of service, 68.

Right of parties to terminate contract of employment, 69.

Termination of master and servant relationship, 70.

When salary in lieu of notice is payable, 71.

DAMAGES FOR WRONGFUL TERMINATION

Measure of damages for wrongful dismissal of an employee, 72.

Measure of damages for wrongful termination of contract of employment, 73.

Measure of damages where a contract for a fixed period is wrongfully terminated, 74.

DECLARATION THAT REMOVAL OF PUBLIC SERVANT IS NULL AND VOID

Declaration that removal of public servant is null and void, 75.

DETERMINATION OF EMPLOYMENT

Application of fair hearing in determination of employment, 76.

Employer’s power to determine appointment of employee, 77.

DETERMINING NATURE OF AN APPOINTMENT

Court cannot compel an employee upon an unwilling employer, 78.

Determination of contract of master and servant during period of probation, 79.

How the nature of an appointment can be ascertained, 80.

Right of parties to terminate contract of employment, 81.

DISMISSAL BASED ON ALLEGATIONS OF CRIMINAL OFFENCE

Court is competent to determine criminal allegation, 82.

DISMISSAL OF EMPLOYEE

Acts of misconduct which warrants dismissal of servant by master, 83.

An employee has no right to receive a copy of the report of committee set up by his

employer concerning him, 84.