CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
The relationship between employer and employee creates mutual duties on the parties. These duties may be expressly provided for in the terms of the contract of employment or implied into the terms, even though not expressly stated. Hence, the employer owes certain implied duties to exercise care or reasonable care for the employee‟s health and safety. These duties may be implied under common law and statutes.
The employer‟s implied duties under the common law is usually divided into three (3); provision of safe plant;1 provision of safe and secure system of work;2 provision of employee with reasonably competent fellow employees.3 While under the statutes, this includes` but not limited to the duties implied by the Constitution of the Federal Republic of Nigeria;4Labour Act;5 Factories Act6 and the International Labour Organization‟s Conventions and Recommendations and so forth.
