Labour Law Flashcards
What is the basic requirement for the recognition of an employer- employee relationship?
The existence of an enforcement contract of employment between both parties
In what case what this view reiterated?
Iyere v Bendel Feed and Flour Mill limited
What was the obiter of Muhammad Jsc in that case?
‘It is important to state that although much of modern employment law is contained in statutes and statutory instruments, the legal basis of employment between an employer and employee is the contract of employment
When does a contract exist?
Where there is offer, acceptance, consideration, capacity and intention to create legal relations
As regard offer and acceptance who makes offer and who accepts?
The employer usually make the offer and the employee accepts
Is an advertisement for vacancies an offer?
It is an invitation to treat with a view to offer an employment
What is an invitation to treat?
It is an expression of an intention to enter into a binding contract
Other examples of invitation to treat include?
Written tests, personal or telephone interviews, medical examinations
What is traditional in individual employment relations
Treat them in the common law standpoint of freedom of contract and non interference
