AN EXAMINATION OF THE DUTY OF CARE OF AN EMPLOYER UNDER THE NIGERIAN LABOUR JURISPRUDENCE
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 analysed wholly in contractual terms. In many civilized countries, a case study of Nigeria; 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 employers eludes them. Efforts has been made in this research projects to identify these problems associated with provision of care by the employer to the employee, their causes and also solutions have been suggested in the concluding chapter for a need to reform the whole set up as it affects labour law and practice in Nigeria.The need for industrial harmony demands that parties in employment and industrial relationship are aware of the rights and responsibilities accruing to them. These change as society itself changes. The objective of this paper is to highlight and analyse the changes in the roles of employers to employees in order to avoid conflict in the relationship. The writers found that the relationships in employment have been affected by the changes in international law and our national laws. The paper recommends constant enlightenment of employers/employees on new labour laws creating new statuses and obligations for employers and employees.
CHAPTER ONE
GENERAL INTRODUCTION
1.0 INTRODUCTION
Under the law employers are responsible for health and safety management. It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this. This means making sure those workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace . Employers have duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in the workplace. Employers must give information about the risks in the workplace and how employees are protected, also instruct and train the staff on how to deal with the risks .
However, the primary legislation that regulates the employment of persons in Nigeria is the Labour Act. Other laws that are of importance are the Constitution of the Federal Republic of Nigeria (Promulgation) Act (Chapter C23, Laws of the Federation of Nigeria 2004, as amended) and the National Industrial Court of Nigeria Act 2006, which prescribes the jurisdiction of the National Industrial Court of Nigeria (NICN).
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AN EXAMINATION OF THE DUTY OF CARE OF AN EMPLOYER UNDER THE NIGERIAN LABOUR JURISPRUDENCE
