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CHARTERED INSTITUTE OF
PERSONNEL MANAGEMENT OF NIGERIA
PROFESSIONAL EXAMINATIONS

FEBRUARY 2019

CIPM/PE2/001: NIGERIAN LABOUR LAW (Regular)

Instructions: Answer all questions in Section A and any

other four complete questions of your choice in Section B.

Time Allowed: 3 hours

SECTION A
MULTIPLE CHOICE QUESTIONS
Choose the correct answer from the list of options provided.

1. This is the highest source of law of employment in Nigeria.

(A) Received English Law.
(B) Common Law.
(C) Act of the National Assembly.
(D) International Treaties.

2. The Head of the National Industrial Court is known as

(A) Chief Judge.
(B) Chief Justice.
(C) President.
(D) Law Lord.

3. A person on internship in an organization is known in law as.

(A) An employee of the organization.

(B) A privy.
(C) All of the above.
(D) None of the above.

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4. This first national law that made known provision for conciliation and arbitration is.

(A) Trade Dispute (Emergency Provisions) Decrees No. 21 of 1968.

(B) Trade Dispute (Arbitration and Inquiry) Ordinance of 1941.
(C) Trade Dispute (Arbitration and Inquiry) Ordinance of 1937.
(D) Trade Dispute (Conciliation, Mediation and Arbitration) Act of 1960.

5. This contract must be in writing at common law

(A) Contract of the Chief Executive.

(B) Contract of the Casual worker.
(C) Contract of the Apprenticeship.
(D) Contract of the Shipping magnate.

6. The first Trade Union in Nigeria is known as

(A) Nigerian Civil Service Union.

(B) Railway Workers’ Union.
(C) Nigerian Union of Teachers.
(D) Nigeria Labour Congress.

7. The President of the National Industrial Court of Nigeria (NICN) must be a legal
practitioner qualified to practice law in Nigeria for a period of:

(A) 15 years.
(B) 20 years.
(C) 10 years.
(D) 12 years.

8. This jurist propounded the theory of struggle of labour and capital

(A) Rosco Pound.

(B) Karl Marx.
(C) Max Weber.
(D) Roberto Unger.

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9. Donoghue v Stevenson is a locus classicus for this doctrine:

(A) Guided Intervention Doctrine.

(B) laissez faire doctrine.
(C) Negligence.
(D) Paeta sunt servanda.

10. The novelty in the Employees’ Compensation Act, 2010 is the compensation for

(A) Casual worker

(B) Death
(C) Disability
(D) Occupational Diseases

11. This does not terminate an offer of employment

(A) Cross offer
(B) Request for information
(C) Counter offer
(D) None of the above

12. Women are prohibited from working underground under this section:
(A) Section 56 of Labour Act.
(B) Section 45 of Labour Act.
(C) Section 45 of Trade Union Act.
(D) Section 55 of Labour Act.

13. There is not National Industrial Court ADR centre in this location:
(A) Kaduna
(B) Kano
(C) Warri
(D) Enugu

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14. A Youth Corper (NYSC) serving in an organization is recognized in law as.

(A) An employee of the organization.
(B) A government official.
(C) A and B above.
(D) None of the above.

15. This is not a source of labour law in Nigeria

(A) Islamic Law.
(B) Service rules.
(C) International treaties.
(D) Customary law and practice.

16. This term is associated with the doctrine of negligence.

(A) Egg shell principle.
(B) Frolic of his own.
(C) Violenti non fit injuria.
(D) Mental stress.

17. National Industrial Court does not have this power

(A) Appellate jurisdiction.
(B) Criminal jurisdiction.
(C) Plea bargaining jurisdiction.
(D) Employment related jurisdiction.

18. Passive labour intervention include:

(A) Counseling.
(B) Labour exchanges.
(C) Mass Layoff.
(D) Income support.

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19. Pension Reform Act was first promulgated

(A) 2004.
(B) 2014.
(C) 2001.
(D) 2006.

20. Anyone under this age could not be appointed as an official of a trade union:
(A) 18.
(B) 20.
(C) 21.
(D) 30.
[Total = 20 marks]

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SECTION B
Answer any four complete questions of your choice

Question 2
The Staff of the Nigeria Security and Civil Defence Corps (NSCDC) perceived that, they
were short-changed by their Management. They therefore, decided to form a trade union. At
a meeting scheduled to adopt the draft Union Constitution, forty Staff turned up and
appointed Taofeeq (16years), Essien (35years), Adaora (20years), Tunde (17years), Toyin
(21years), Bello (25years), Eze (23years), and Balarabe (16years) as interim officers. Those
forty members unanimously adopted the draft constitution. The union was formed to agitate
for better working conditions for the employees and to address the discriminatory payments
between full staff and contract staff. The newly appointed officers informed the management
that they have presented their registration documents to the Registrar, Corporate Affairs
Commission (CAC) and that the management must start negotiating with them, otherwise
they shall go on strike. As the Human Resource Officer of the Department, make a
presentation to the management and advise on:

(i) The legal issues involved this case [5 marks]

(ii) Discuss critically with relevant authorities the legal issues identified. [15 marks]

[Total = 20 marks]

Question 3
Shade has intentionally with malice revealed ABY LTD’s business secret to a competitor of
her employer – PMX Ltd, the chemical element and formulae of ABY Ltd.’s detergent. This
may not be unconnected with the fact that Shade’s juniors in the workplace were all
promoted above her. In fact, Shade has finally left ABY Ltd and has been employed as a
Director by PXM Ltd. ABY Ltd is planning to sue Shade.
(i) Identify the legal issues [5 marks]
(ii) Discuss the legality of Shade’s actions and the remedies available to PXM Ltd.
[15 marks]
[Total = 20 marks]

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Question 4
Examine the power and functions of Pension Fund Administrators (PFA) and Pension Fund
Custodians (PFC) under the Pension Reform Act, 2014. [20 marks]

Question 5
Termination of common law employment is the same as employment with statutory flavour.
In your view, do you think this assertion represents the law as it is or the law as it ought to
be? [20 marks]

Question 6
The Employees’ Compensation Act is an improvement on the Workmen Compensation Act.
Discuss.

Question 7
Write short notes on the following termination concepts
(a) Termination by Notice [5 marks]
(b) Termination by Performance [5 marks]
(c) Termination by Death [5 marks]
(d) Termination by Operation of Law [5 marks]
[Total = 20 marks]

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