Enforceable Legal Rights To Employer And Employee

Throughout the book, the importance of employment law is examined in each area. In recent years this has had a substantial effect on the relationship between the employer and the employee. Nigeria labour law rests largely on British model and many of the rule and practices which govern Labour relation in Britain will give useful guidance to the practitioners of industrial relations of Nigeria. The model was acquired through the reception of English law in the nineteenth century. By virtue of the Court Ordinance 18761 the English common law, doctrine of equity and statutes of general application were received into Nigeria law. By the virtue of these provisions English statutes of general application passed in England before January 1 1990 will per se, apply in Nigeria in so far as they are not replaced by local enactments. Until quite recently legislation such as Fatal Accidents Acts 1846-64, the Factory and Workshop Acts 1891-5, the Friendly Societies Act 1896 and the Conciliation Act 1896 - all of which shaped the present course of industrial activities of England - were presumed to apply in Nigeria. In Lawal & Ors v. Younan & Ors2, for example, the Federal Supreme Court held, among English statutes still applying in Nigeria, the Fatal Accidents Act3, the Infant Reliefs Act 18744 and the Statute of Frauds5. But most of the provisions of English labour legislation are now embodied in local statutes6 and the English Acts are therefore, no longer applicable in Nigeria.

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