FAMILY LAW IN NIGERIA

Topic of the day

- Know what is Family law

- The characteristics of a valid marriage

WHAT IS FAMILY LAW

In Nigeria, family law is the branch of law that governs matters relating to family relationships, marriage, divorce, adoption, child custody and inheritance. It contains various sections and cases outlining rights, obligations and legal procedures regarding family matters. The following is a summary of key chapters and notable cases relevant to Nigerian family law:

Chapters of Nigerian Family Law:

1. Marriage

Section 21 of the Matrimonial Causes Act: Provides grounds for annulment of marriage such as lack of consent, underage marriage and prohibited relationship.

Article 33 of the Marriage Act: sets out the requirements and procedures for marriage, including consent, age and registration.

2. Divorce

Section 15 of the Matrimonial Causes Act: Provides grounds for divorce, including adultery, cruelty and desertion.

Section 16 of the Matrimonial Causes Act: Provides for the welfare of children during divorce proceedings.

3. Child custody and support

Child Rights Act (2003): Governs the rights of children, including custody, maintenance and protection from abuse.

Section 71 of the Matrimonial Causes Act: Settles custody arrangements after divorce with an emphasis on the best interests of the children.

4. Inheritance and Succession

Section 33 of the Wills Act: governs the making and execution of wills in Nigeria.

Customary Law: Recognizes customary practices inherited among the various ethnic groups in Nigeria.

Famous cases:

1. Adeyemi v. Opeyori (1976)

This is a landmark case on the recognition of customary law in the Nigerian legal system, emphasizing the need for customary law to be established and not inconsistent with natural justice, equity and conscience.

2. Oyekanmi v. Oyekanmi (1974)

The case dealt with grounds for divorce in Nigeria and highlighted the importance of proving allegations such as adultery or cruelty to establish grounds for divorce.

3. Folawiyo v. Folawiyo (1981)

Discuss notable cases on the distribution of property and assets in divorce cases, emphasizing equitable distribution based on contributions to property acquired during the marriage.

4. A.G Lagos State v Dosunmu (1989)

This case highlights the recognition and protection of children’s rights under the Children’s Rights Act and the importance of the state in protecting these rights.

Family law in Nigeria is a dynamic field, influenced by legal provisions, customary practices and evolving judicial interpretations designed to ensure justice, protection and stability within the family unit.

THE CHARACTERISTICS OF A VALID MARRIAGE

Under Nigerian law, a valid marriage is characterized by specific requirements outlined in statutes and established through judicial interpretation. The following is a summary of the key features and relevant sections/cases that define a valid marriage in Nigeria:

Characteristics of a valid marriage:

1. Capacity and Consent

Article 21 of the Matrimonial Causes Act: Provides that parties to a marriage must have the legal capacity to marry and give their consent freely and without coercion.

Cases such as Ogbechie v. Onochie (1986): emphasized the importance of sincere and free consent, emphasizing that consent obtained by fraud or coercion may invalidate a marriage.

2. Formal requirements

Section 33 of the Marriage Act: Outlines the formalities for a valid marriage, including proper registration, minimum age requirements and, where necessary, the consent of parents or guardians.

Cases such as Anyaegbunam v. Anyaegbunam (1975): emphasized compliance with legal formalities for the validity of marriage.

3. Forbidden relationships

Article 3 of the Marriage Law: Lists prohibited relationships that prevent marriage due to blood relationships or existing marriages.

Cases such as Awolowo v. Awolowo (1972): Resolved issues related to prohibited relationships and their effect on the validity of marriage.

4. Monogamy and Polygamy

Section 18 of the Marriage Act: Recognizes monogamous marriage by default in Nigeria unless both parties consent to polygamous marriage and meet certain conditions.

Cases such as Aghimien v. Aghimien (1988) discuss the legal implications and requirements of polygamous marriage.

5. Customary and Islamic marriages

Recognition of Customary and Islamic Law: Nigerian law recognizes customary and Islamic marriages, but requires compliance with certain legal formalities for their validity.

Cases such as Alhaji Abubakar Atiku Abubakar v. Hajia Safiya Atiku Abubakar (2007): Addressing the issue of recognition and validity of Islamic marriages under Nigerian law.

Famous cases:

1. Akinloye v. Eyiyola (1968)

The case highlights the importance of consent and capacity for a valid marriage, emphasizing that both parties must give their free and informed consent to the marriage.

2. Ukeje v. Ukeje (2014)

This is a landmark case concerning a girl's right to inherit her father's estate under customary law, challenging discriminatory customary practices against women.

3. Osunma v. Osunma (1990)

This case highlights the importance of observing legal formalities for a valid marriage, emphasizing the need for proper registration and compliance with legal requirements.

4. Amodu v. Amodu (1988)

This case discusses the necessary conditions for a polygamous marriage to be considered valid under Nigerian law.

A valid marriage in Nigeria must comply with the provisions of the law, ensure that both parties have legal capacity, freely give their consent, meet formal requirements, avoid prohibited relationships, and comply with the chosen marriage recognized by law (whether customary, Sharia or statutory law) form.

TORT LAW

Topic of the day

- The law of tort under the Nigerian Law

- The intentional and unintentional tort

- The various damages a tortfeasor can pay to a victim

THE LAW OF TORT UNDER THE NIGERIAN LAW

In Nigerian law, the law of torts deals with civil wrongdoings that results in injury to a person or his or her property. It contains various principles and cases that form the basis of liability for wrongful acts. We will be breaking down the law of tort below;

1. Elements of infringement

A. Duty of care

Donoghue v. Stevenson (1932): This case established the principle that one party owes another party a duty of care to avoid foreseeable harm.

Neighbor Doctrine: From Donoghue v Stevenson also defines who qualifies as a “neighbor” and is owed a duty of care.

B. Breach of obligation

Bolton v. Stone (1951): This case illustrates the concept of breach of duty when a reasonable person would have foreseen a risk of harm.

C. Causal relationship

Peterside v. Onwuchekwa (2018): This case emphasized the need for a direct link between the defendant’s conduct and the plaintiff’s injury to be liable.

D. Damages

Livingstone v. Rawyards Coal Co. (1880): This case emphasized damages as compensation for injury suffered.

2. Types of infringement

A. Negligence

UAC v Macfoy (1961): This case is showing negligence where no duty of care was established.

Economic negligence: Cases involving negligent conduct causing financial loss, such as UAC v. Macfoy.

B. Nuisance

Rylands v. Fletcher (1868): This case established liability for damage caused by the escape of items brought by the defendant onto his land which might cause damage.

C. Intrusion

Okafor v. Nweke (2007): This case shows trespass on land and the remedies available.

D. defamation

Newswatch Communications Ltd. v. Att. Gen. Federation (2019): This case is addressing defamation and the importance of protecting reputation.

3. Defenses in Tort Law

A. Agreement

Ramsay v. Roberts (1980): This case demonstrated that a plaintiff may not be liable if he agrees with the defendant's conduct.

B. Contributory negligence

Doe v. Abubakar (2009): This case established a reduction in damages if the plaintiff caused his own injury through negligence.

4. Vicarious liability

Lulu Briggs v. Minte & Ors (2016): This case demonstrated the principle that an employer can be held liable for torts committed by its employees in the course of employment.

5. Limitations

A. Statute of limitations

Limitation laws sets the time limits within which legal action must be taken for certain infringements.

B. Sovereign Immunity

State v. Mowarin (2001): This case explored the limitations of suing the government in tort cases.

THE INTENTIONAL AND UNINTENTIONAL TORT

THE INTENTIONAL TORT

Intentional torts in Nigerian law include conduct that intentionally causes harm to another person or his or her property. The following is a summary of the chapters and cases related to intentional infringement:

1. Assault 

Article 252 of the Criminal Code: defines assault as the threat or attempt to unlawfully use force against another person.

R v. Omokaro (1961): stated the requirement of intent to cause fear of immediate harm from attack.

2. Battery

Article 351 of the Criminal Code: defines assault as the unlawful use of force against another person.

Ezeiruka v. Onwusonye (1990): emphasized the need for direct or indirect physical contact of batteries.

3. Unlawful imprisonment

Article 257 of the Criminal Code: Defines unlawful imprisonment as an unlawful restriction of a person’s freedom of movement.

R v. Okoro (1974): Proof that imprisonment can be physical imprisonment or imprisonment by threat and that intention is crucial to unlawful imprisonment.

4. Trespass on land

Section 61 of the Property and Conveyancing Act: Deals with unauthorized access to another person's land.

Okafor v. Nweke (2007): Demonstrated the infringement of land title and the remedies available.

5. Misappropriation of movable property

Common Law Principles: Involves interfering with another person's personal property.

Yusuf v. Mohammed (2014): Elucidated the concept of trespass to movable property and the need to show interference or deprivation of property.

6. Conversion

Common Law Principles: Relates to wrongful interference with or deprivation of another person’s property.

Bello v. Eweka (2011): Emphasis on wrongful exercise of title to another’s property as conversion.

7. Defamation

Common law principles and related statutes: Involving misrepresentations that damage a person's reputation.

Newswatch Communications Ltd. v. Att. Gen. Federation (2019): Addressing defamation and the importance of protecting reputation.

eight. malicious prosecution

Common Law Principle: Involves the initiation of legal proceedings without reasonable grounds and malicious intent.

Ukeje v. Obiekwe (2002): demonstrated the elements of malicious prosecution, including lack of reasonable and probable cause.

Intentional torts involve conduct that intentionally causes harm or violates the rights of another person. As mentioned above, there are cases and legal provisions in Nigerian law outlining the parameters and liability regarding intentional infringement.

THE UNINTENTIONAL TORT

Unintentional torts arise primarily from negligence and involve inadvertently causing injury or damage to another person or their property due to a failure to exercise reasonable care. The following is a summary of sections and cases in Nigerian law relating to unintentional infringement:

1. Negligence

A. Duty of care

Common law and statutory law: implies a legal obligation to act reasonably to avoid foreseeable harm.

Donoghue v. Stevenson (1932): Established a duty of care to “neighbors” and the foreseeability of injury.

B. Breach of obligation

Bolton v Stone (1951): Breach of duty is demonstrated when a reasonable person could have foreseen the risk of harm.

C. Causal relationship

Peterside v. Onwuchekwa (2018): Emphasized the need for a direct link between the defendant’s conduct and the plaintiff’s injury to be liable.

D. Damages

Livingstone v. Rawyards Coal Co. (1880): Emphasized damages as compensation for injury suffered.

2. Economic negligence

UAC v Macfoy (1961): Manifestation of negligence causing economic loss without establishing a duty of care.

3. Vicarious liability

Lulu Briggs v. Minte & Ors (2016): demonstrated the principle that an employer can be held liable for torts committed by its employees in the course of employment.

4. Contributory negligence

Doe v. Abubakar (2009): Established a reduction in damages if the plaintiff caused his own injury through negligence.

5. Negligence defense

A. Agreement

Ramsay v. Roberts (1980): Demonstrated that a plaintiff may not be liable if he agrees with the defendant's conduct.

6. Statute of limitations

Limitation laws: Set the time limits within which legal action must be taken for certain torts, including negligence.

7. Sovereign immunity

State v. Mowarin (2001): Explored the limitations of suing the government in negligence cases.

THE VARIOUS DAMAGES A TORTFEASOR CAN PAY TO A VICTIM

In tort law, damages are monetary compensation paid by a tortfeasor (defendant) to a victim (plaintiff) for suffering harm. The following are the various types of damages that a tortfeasor can pay to a victim, along with relevant provisions and cases under Nigerian law:

1. Damages

A. Special damages

Ezeiruka v. Onwusonye (1990): Prove the specific economic losses suffered by the plaintiff, such as medical expenses, loss of income, etc.

B. General damages

Livingstone v. Rawyards Coal Co. (1880): Emphasis on non-pecuniary damages such as pain, suffering, and emotional distress.

2. Nominal damages

Common Law Principle: Awarded to a plaintiff when her rights have been violated but no substantial harm or loss has been proven.

Folawiyo v. Folawiyo (2007): Demonstrated the symbolic nature of nominal damages in recognition of legal wrong.

3. Serious damage

Common law principle: An award is awarded to a plaintiff when the defendant's conduct aggravates the plaintiff's injury or causes additional suffering to the plaintiff.

Newswatch Communications Ltd. v. Att. Gen. Federation (2019): Resolved the issue of defamation and the need for additional damages due to the nature of the harm caused.

4. Punitive/Exemplary Damages

Common law principle: Granted to punish a defendant for egregious conduct and to deter similar conduct.

UAC v. Macfoy (1961): demonstrated the possibility of punitive damages for gross negligence causing economic loss.

5. Restorative damages

Common law principle: aims to restore the plaintiff to the position he was in before the infringement occurred.

Bello v. Eweka (2011): Demonstrated compensatory damages for wrongful deprivation of property.

6. Disdainful damage

Common law principle: Although the court recognizes the plaintiff's entitlement to damages, it awards the plaintiff damages if it disagrees with the plaintiff's conduct.

There is no specific case from Nigeria; common law principles are followed.

7. Future harm

Peterside v. Onwuchekwa (2018): addressed the assessment and award of damages for future losses or expenses resulting from a tort.

COOPERATIVE LAW

Topic of the day

The meaning of cooperative law

The requirements to form cooperative society

Types of cooperative society in Nigeria

THE MEANING OF COOPERATIVE LAW

Co-operative law refers to the set of rules and regulations that regulate how cooperatives operate. Now, a cooperative is like a team where people come together for a common goal, such as running a store or producing goods. Cooperative law outlines how these groups should be organized, how decisions should be made, how profits should be shared, and how members should be treated fairly. It's like a rulebook that helps everyone in the cooperative work together smoothly and fairly.

THE REQUIREMENTS TO FORM COOPERATIVE SOCIETY

The requirements for establishing a cooperative may vary in different countries or regions, but there are generally some common steps and standards:

1. Minimum Number of Members: Typically, there are minimum number of members required to form a cooperative. Depending on local laws, this can range from a small number of people to a larger group.

2. Common goals: Members must share a common goal or purpose for forming a cooperative, such as pooling resources to achieve economic, social or cultural benefits.

3. Legal Documents: Legal documents outlining the cooperative’s charter, goals, rules, and regulations often need to be drafted and filed. This may involve drafting articles of incorporation.

4. Registration: Cooperatives generally need to be registered with the appropriate government department or agency. This involves submitting the required documents and paying any necessary fees.

5. Contribution: Members are typically required to make financial contributions to the cooperative through membership fees, purchase of shares, or other forms of investment. This funding helps get the cooperative up and running.

6. Democratic Structure: Cooperatives generally operate on a democratic basis, with each member having an equal say in decision-making regardless of investment level.

7. Compliance: Complying with legal and regulatory requirements is critical. This may involve regular reporting, holding regular meetings, maintaining financial records and complying with tax and other legal obligations.

These requirements may vary depending on the specific laws and regulations of the region or country in which the cooperative is located. It is recommended to consult with legal counsel or an expert familiar with partnership law to ensure that all necessary steps are followed.

TYPES OF COOPERATIVE SOCIETY IN NIGERIA

In Nigeria, cooperatives can be classified into various types based on their main objectives and service sectors. Some common types of cooperatives in Nigeria include:

1. Agricultural cooperatives: Mainly engaged in agricultural activities, including crop cultivation, livestock raising and agricultural product processing. Members pool resources to improve agricultural productivity and marketing.

2. Consumer Cooperative: A group of individuals who come together to purchase goods and services in bulk at reduced prices. This helps members obtain products at a lower cost than purchasing them individually.

3. Credit/Savings and Loan Cooperatives: These cooperatives provide financial services to their members, providing savings, credit and loan facilities. Members contribute to savings and can obtain affordable loans for a variety of purposes.

4. Housing Cooperative: Members cooperate to address housing needs through collective financing, construction, or acquisition of housing units. This enables members to own or rent affordable housing.

5. Worker cooperative: Made up of employees who jointly own and manage a business. Employees participate in the company's profits, decisions, and operations.

6. Marketing cooperatives: focus on assisting members in collectively marketing their products. They help sell products, negotiate better prices, and get member merchandise into a larger market.

7. Multifunctional Cooperatives: These cooperatives are diversified cooperatives engaged in various economic activities, combining elements of different types of cooperatives such as agriculture, consumer services and credit services.

Each type of cooperative in Nigeria sets specific goals based on the needs of its members and contributes to economic development by promoting cooperation, economic empowerment and community development.

CONFLICT RESOLUTION AT A GLANCE

What is conflict resolution?

Conflict resolution is the process that two or more parties use to find a cordial solution to a problem. Conflicts can occur between friends and family members, but also between coworkers, clients, and customers. In the workplace, having poor conflict resolution skills can reflect very negatively on your organization.

Why is conflict resolution important?

Conflict resolution is crucial for both the workplace and client relationships. Conflict resolution brings people together to figure out a solution to a problem rather than pulling them apart. The goal of a workplace is to create an inclusive environment of people that know how to manage and limit conflicts. You can’t expect to have a conflict-free workplace, so instead, you should aim to ensure everyone has the skills to handle conflicts in a professional manner.

5 important conflict resolution skills

Conflict resolution doesn’t come easily to everyone. Some people naturally default to unhealthy responses, even if it’s not what they intend to say. This is why it’s crucial to know important conflict resolution skills. Instead of handling a situation with anger and resentment, conflict resolution skills teach you to respond in a calm and non-defensive manner.

1. Active listening

The first step in resolving a problem is taking the time to listen to what the other party has to say. It’s easy to assume that you’re the right one in the situation and dismiss the other person’s thoughts, but that mindset doesn’t help resolve the issue. Instead, it’s imperative to do active listening.

2. Communication

Communication is key in every relationship, whether it be professional or personal. If you don’t communicate your thoughts and feelings to the people around you, how can you expect them to understand how you feel?

3. Don’t place blame

The last thing you want to do during a conflict is place blame on one another. You shouldn’t point fingers, as this can escalate the conflict and make matters worse. Instead, create a safe environment that doesn’t place blame on one specific person.

4. Remaining calm

Sometimes, our natural response during an argument is to let emotions like anger and frustration take control, but that seldom results in a resolution. Your tone of voice goes a long way in a conversation, which is why it’s important to remain calm when resolving a conflict. Although it might be hard to stay level-headed during a disagreement, it’s necessary so that you don’t exacerbate the issue.

5. Collaboration

In a conflict, both parties often believe they’re in the right, which is why it’s important to collaborate and find common ground and compromise. Conflict resolution is a joint effort. You can’t expect one party to come to the solution all by themselves. Instead, you need to work together to reach a solution that works for everyone. Having the willingness to collaborate will also show the other party that you’re able to put your differences aside to come to a conclusion as a team.

Conflict resolution strategies

When addressing conflict, there are various strategies that you can follow. All of these strategies are often used in the court of law, but they can be applied to any sort of conflict situation, including in the workplace.

1. Negotiation

Negotiating can be hard, but it’s crucial when it comes to conflict resolution. Negotiating means putting your differences aside and working together to come to a conclusion.

2. Mediation

The mediation strategy involves enlisting a neutral, unbiased third party who can help you come to a conclusion. Sometimes, having another person involved in a discussion is all you need to find a solution.

3. Arbitration

Arbitration involves having a third party that acts as a “judge” who will make the final decision to end the dispute.

4. Litigation

In litigation, the parties involved in the dispute will go in front of a judge or a judge and jury who will hear both sides of the argument, weigh the evidence, and then make a decision.

In conclusion, Having good conflict resolution skills is necessary both within and outside of the workplace. Conflicts are inevitable. Everyone in your office can get along extremely well, and you’ll likely still find yourself faced with a conflict from time to time. So instead of trying to avoid conflicts altogether, you should work on your conflict resolution skills.

The way you handle a conflict shows a lot about who you are as a person. If you can resolve a conflict with grace and calmness, it indicates that you’re willing to put your differences aside for the sake of a resolution, which is a very important trait to have. The next time you find yourself faced with a conflict at work, follow the above strategies and you’ll be comfortable with conflict resolution in no time.

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY (FINAL PART)

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 6

Topic of the day

What is recruitment and its type

Policy of recruitment 

What is induction

Theorists that has significantly contributed to the development of modern day management attitude in HRM 

WHAT IS RECRUITMENT AND ITS TYPE

In an organization as an HRM manager, one of the major responsibilities is to hire or recruit the right candidate for a particular job position.

Recruitment therefore ids the process of finding suitable job applicants using advertisement, employment agencies, and word of mouth. An organization can decide to recruits its staff either, internally or externally and this world lead us to the types of recruitments which are;

Internal recruitments

External recruitments

INTERNAL RECRUITMENTS

This is the type of recruitments done within the organization and it involves considering present employees as applicants for an available position. These often occur in the mode of promotion and it provides motivation for current employees. An example is where the security man of an organization becomes or can become the accountant of such organization or even the HRM manager. This is what we call internal recruitments.

However, one of the advantages of this internal recruitment is that it saves costs as the organization does not shave to do any advertisement, employment agencies and work of mouth.

EXTERNAL RECRUITMENT

This is an intense process whereby companies have to post the job descriptions on different job boards in order to select suitable candidates for the job. An example is where Dangote Company wants a new manager or accountant, the moment where someone not within the organization is applying for that application or job role is known as external recruitment.

Recruitment methods depends of the following but not limited to;

Size of the organization

Type of position available

The nature of the labor force in the organization or in that particular area.

POLICY OF RECRUITMENT

Recruitment and selection policy is a statement of principles outlining how your organization should conduct its recruitment and selection process. The main aim of having such policy is to ensure that transparent and non bias recruitment and selection process is followed in order to ensure that the appointment of the best candidate and also to ensure that all candidates are selected based on merits and the candidates is free to carry out that job based on the organizational values and the goals of that organization.

REASONS FOR HAVING SUCH POLICY

To ensure that job description meets business requirements 

The requirements process should be lawful

The candidate can be confident that is a genuine job offer.

To ensure that the process can be followed by all stakeholders.

STEPS FOR CANDIDATE SELECTION PROCESS

Suitability – this means writing an accurate position description is an important part of the recruitment process. It describes the primary takes involved as well as core competencies required to perform the role. As the HRM, you must ensure that the person can perform the role.

Consistency – it is expected that the HRM and hiring manager use pre determined criteria at all stages of the recruitment process in order to reduce the risk of bias and discrimination.

Legality – the recruitment should be legal. Privacy and equal opportunity legislation requires that the recruitment process is conducted in a fair and transparent manner.

Not all job advertisement are genuine therefore candidates have to be sure of the job vacancy.

Transparency – the recruitment and selection policy ensures that all stakeholders in the recruitment process (HR, departmental heads, line managers) are able to follow up the process and be confident of the outcome and also select best and transparent candidate without favoritism.

DUTIES OF EMPLOYERS

Under section 8 of the act, employer has duty to ensure employees safety, health and welfare at work as far as it is reasonably practicable. In order to prevent workplace injuries and ill health, the employer is required among other things to;

Provide and maintain a safe workplace which uses safe plant and equipment

Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration.

Prevent any improper conduct or behavior likely to put the safety, health and welfare of employees at risk.

Provide instruction and training to employees on health and safety.

Provide protective clothing and equipment to employees.

DUTIES OF EMPLOYEES

The duties of employees while at work are set out in section 13 of the act. These include the following;

To take reasonable care to protect the health and safety of themselves and of other people in the workplace.

Not to engage in improper behavior that will endanger themselves or others

Not to be under the influence of drinks or drugs in the workplace.

To undergo any reasonable medical or other assessment if requested to do so by the employer.

To report any defects in the place of work equipments this might be a danger to health and safety.

In HRM, it is very important to report accidents that occur in the organization. Al accidents in the workplace should be reported to the employer, who should record the details of such incident.

Reporting the accident will help to safeguard social welfare and other rights that may arise as a result of an occupational accident.

An employer is obliged to report any accidents that results in an employee missing 3 consecutive days at work (not including the day of the accident) to the health and safety authority. 

Occupational accident is an unexpected and unplanned occurrence, including acts of violence, arising out of or in connection with work which results in one or more workers incurring a personal injury, disease or death.

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 5

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 5

Topic of the day

What is personnel record

Need for personnel record

Information contain in a personnel record

Type of personnel record

Purpose of personnel record

What is an office thefts

What is induction

PERSONAL RECORD

As an HRM manager, you should have the record of all your staff. Personnel records are documents which show the relationship between employers and employees, and the employee’s career history in the organization. The information held in this record is used to make decisions about suitability for promotions, transfers or in some cases, disciplinary actions. Therefore, every organization employs staffs and creates personnel records. Staffs are among an organization most important and usually most expensive asset. Like any other assets, staffs are resources that must be deployed to maximize advantage.

NEED FOR PERSONNEL RECORD

Good personnel records are necessary to allow the nest use of available staff and promote efficiency in the organization. The records also help the organization make good use of scarce resources and help provide an accurate source of data, which can be used in other information systems throughout the organization.

INFORMATION CONTAINED INA PERSONNEL RECORD

Personnel number or code

Full name

Full address of the employees

Date of birth

Date of appointment

Education and training

Job or position

Pay scale

Current entitlement

Medical history

TYPES OF PERSONNEL RECORD

Record of employment – contains applicants past record, lead sources, employees progress and medical reports 

Wages and salary record – this contains the payroll record, method of wages and salary, leave record, turnover record and other benefits records.

Training and development – this contains appraisal reports, transfer cases, training schedules and training methods.

Health and safety records – this contains sickness reports, safety provisions, medical history, and insurance report.

Service record – these are essential records containing the bio data, residential and family information, academic qualifications, marital status, past address and employment records.

PURPOSE OF PERSONNEL RECORD

To help the government organization together data in respective of the rate of turnover, rate of absenteeism and other personal matter

To help the manager to make salary revisions, allowances and other benefits related to salaries.

To help the researcher to carry in depth study with respect to industrial relationship and goodwill of the firm in the market.

To help to supply crucial information to managers regarding he employees.

To keep an update record of leave, lockout, transfer, turnovers of the employees.

To help the manager in forming various trainings and development program on the basis of present scenarios.

WHAT IS EMPLOYEE THEFTS OROFFICE THEFTS

Employee theft covers the stealing of money, time, and merchandise from the workplace, with the intent of personal gain. It can happen through the acts of larceny, embezzlement, skimming or fraudulent disbursement. Although any one could steal, from serial thieves to desperate employees to cleaning staffs, or building visitors

HOW TO PREVENT OFFICE THEFTS

Hire the right people

Supervise your employees

Find weakness in building security

Be certain that all windows are secure

Make sure all doors are solid

Install motion sensitive and constant outside lights

Leave some interior lights on even when the business is closed

Install computer security measures

Track your business checks

Make sure rest rooms are locked with high security locks that only employees have keys to.

WHAT IS INDUCTION

Induction is a process a new recruit goes through to be introduced to the company and their new role. Once recruitments have been done and qualified candidates have been selected for the job, the next step is the induction.

Induction simply means the introducing of the new recruits candidates or employee. This includes not only meeting managers and colleagues but also getting to know about the building and its layout and also being trained on the use of phone and ICT system as well as familiarization with the policy and procedure.

Induction process also involves;

Meeting new people

Meeting colleagues

Meeting management of various departments

Introduction to business tone

HRM induction

Socialization

Practical information

Training 

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 4

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 4

Topic of the day

Definition of training and types of training

Definition of motivation

How to motivate employees

What is management styles

Different styles of management styles to practice

What is motivational strategies

What is an equal opportunity policy

What is resignation and types of resignation

WHAT IS TRAINING AND DEVELOPMENT

This refers to a system of educating employees within a company. It includes various tools, instructions and activities designed to improve employee performance. It is an opportunity for employees to increase their knowledge and upgrade their skills.

In HRM we have two types of training

Onsite training

Offsite training

Importance of training in HRM includes;

To the organization

To the employees

For personal and human relation

TO THE ORGANIZATION

Gets more effective in decision making and problem solving

Improve the morale of the workforce

Helps people identify the organizational goal

Aids in developing leadership skills, motivation, loyalty and better attitude.

Aids in improving productivity and quality of work

Aids in understanding and carrying out organizational policies.

Aids in organizational development

Creates an appropriate climate for growth and development

Helps employee adjust to change

TO THE EMPLOYEES

Increases job satisfaction and recognition

Moves a person towards personal goals while improving skills

Helps in eliminating the fear of attempting new tasks

Provides the trainee with an avenue for growth

Through training and development, motivational variables or recognition, achievement growth, responsibility and advancement are internalized and operationalized

Provides information for improving leadership, communication skills and attitudes.

Helps to handle stress, tension, frustration and conflict 

FOR PERSONNEL AND HUMAN RELATION

Improve inter personnel skills

Improves morale

Builds cohesiveness in groups

Makes the organization a better place to work and live

ONSITE TRAINING

Onsite training can also be called as on the job training. These trainings are conducted inside the organization and it enables the inexperienced staffs to learn new things by observing their co workers or superiors performing on the job. These kind of training is cheaper and also easier to conduct. 

The onsite training can be divided into various types and these includes;

Coaching

Mentoring

Job instructional techniques

Job rotation

Apprenticeship

Understudy

COACHING

This is an onsite training or an on the job training. It is a one on one training that is, a single employee entrusted to a single superior or co worker. What the superior needs to do is identify the weaknesses of the new employees and focus on improving them theoretically or practically. It is commonly used to guide an operational employee.

MENTORING

This is like the coaching as it is also a one on one training type. The difference is that mentoring focuses on developing the attitudes of the employee rather than the technical skills and also used to commonly guide an employee ion a managerial level as it can only be given by the seniors of the organization.

JOB INSTRUCTIONAL TECHNIQUES (JIT)

This is a structural training method under which the staffs are provided with step by step training and it can involve two or more trainers at a time. For example, we have 4 trainers A, B, C, D. where trainer A will provide an overview of the job, trainer B will practically exhibit or explain the job then trainer C will observe how well the staffs can comply with their knowledge while trainer D will provide feedbacks to help the staff where necessary.

JOB ROTATION

This is an interesting way of training employees by rotating them through services of closely related jobs. These kind of training allows the employees to learn many things and get familiar with different jobs.

APPRECNTICESHIP

This is a modern approach of training a practitioner and this method is always adopted for inexperienced staffs or fresh graduates especially for a technical field. These kinds of employees do the same work as their superiors or experts and are paid lesser than other employees doing the same job. This style is very expensive as there is no assurance that the employees will continue to work in the same organization.

UNDERSTUDY

This is basically the person that replaces any staff in their absence. This is the process in which the superior instructs the staffs by considering them as an understudy by making them learn from the seniors by observing and experiencing how to handle the day to day tasks and it prepares the staff to be able to handle full responsibility on his or her own.

OFFSITE TRAINING

Offsite training can also be called off the job training and these training programs are conducted away from the workplace. This mode of training is very expensive but it is also very effective in training staffs. These can be sub divided into three groups;

Lectures and conferences

Vestibule training

Lectures and conference

LECTURES AND CONFERENCE

These are the traditional method of training employees. It always aims at training a large audience through verbal presentation and interactions. This idea is used to motivate the employees using an effective and strong speaker.

VESTIBLE TRAINING

This is a modern method of training staffs under which the staffs are trained at prototype environment of specific job. These kind of training will enable the staffs to be ready to do the real job because the training environment are conditioned with similarities to the actual workplace as it reduces initial nervousness.

SENSITIVITY TRAINING

This is where a number of people work together in the company and it is very essential for every staff to consider his or her work sentiments and feelings. This is a special training provided to the employee to make them capable of understanding about themselves and others reasonably. These kind of training aims at developing behavioral flexibility and social sensitivity in the employees as it helps in realizing personal qualities and issues that is strength and weaknesses while getting to know other employees.

WHAT IS MOTIVATION?

Motivation is derived from the word motive and it is defined as the process of motivating individuals to take action in order to achieve a goal. This can also be defined as the need, desire, want or drive within the individual, as a process of stimulating people into actions in order to accomplish the goals of the organization. Motivation describes the level of desire employees feel to perform regardless of the level of happiness. Motivated employees tend to be more productive, engaged, and invested in their work.

HOW TO MOTIVATE EMPLOYEES

There are many ways to encourage or motivate employers as managers who want to improve productivity, must make;

The employees have the feeling that their job is important and key to the success of the organization.

He must make sure the employees believe that good work is rewarded accordingly

He must make sure that the employees see that they are all treated fairly without favoritism or discrimination

MANAGEMENT STYLES

A management style is the particular way managers goes about accomplishing objectives and goals, that is, the decision making, the planning and organizing , and exercising of authority. This varies from company to company, managers to managers, and persons to persons. However, we have different management styles;

Autocrative style of working

Paternalistic style of working

Democratic style of working

Laisser faire style of working

Management by working around style of working

AUTOCRATIVE STYLE OF WORKING

This is a style in which the superior does not take into consideration the idea and suggestions of the subordinate in the decision making of the organization. The subordinates are dependent on the superior without the freedom of making decisions themselves. The subordinates also lack motivation and only adhere strictly to the policies of the superiors. Therefore, autocrative syle of working simply means the style of working in which decision, organizational policies, guidelines, are all in the hands of the superiors.

PATERNALISTIC STYLE OF WORKING

This is where the leader decides what is best for the employees as well as the organization and the policies are diverse to the benefit of the employees and organization. The suggestions and feedbacks of the subordinates are also taken into consideration before decision is made regarding the organization. Employees here also feel attached and loyal to the organization and this makes them feel highly motivated and enjoy their work.

DEMOCRATIC STYLE OF WORKING

This is a style of working where the superior will welcome the feedback of the subordinates and employees are invited to discuss the pros and cons of plans and ideas. This also ensures an effective and healthy communications between the management and the employee and this enables the superior to listen to whatever the employee has to say before making a final decision on anything.

LAISSER FAIRE STYLE OF WORKING

This is a style of working where managers are employed just for the sake of it because they do not contribute much to the organization as the employees are the ones responsible for making decision and managing the work on their own and they do not depend on their managers.

MANAGEMENT BY WORKING AROUND STYLE OF WORKING

In this style, the managers treat themselves as an essential part of the team and are effective listeners. The superiors also interact with the employees often to know their concerns and suggestions. The leader here is more like a mentor that guides the employees whenever the need arise. The manager does not sit in an office but instead, they walk around to see what is happening.

WHAT IS MOTIVATIONAL STRATEGIES

Motivation strategies are techniques that promote the individual goal related behavior, to develop motivated employees. The HR manager should ensure that HR personnel, as well as the other departmental managers must do the following;

Empowering employees

Providing an effective reward system

Redesigning jobs

Creating flexibility

EQUAL OPPORTUNITY POLICY

This simply means fair treatment for each individual, everyone is supposed to have equal access to job opportunities, promotion and other benefits, no favoritism of one staff over another, there should be no discrimination on the basis of gender, race, religion or physical disability.

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 3

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 3

Topic of the day

Remuneration

Amount and types of remuneration

Performance appraisal

Objectives of performance appraisal

Process of performance appraisal

Purpose of performance appraisal

Advantages of performance appraisal

Importance of performance appraisal

WHAT IS REMUNERATION

Remuneration is the payment or compensation received for service or employment. Remuneration includes base salary and any bonus or other economic benefits that an organization or executive receive during employment.

Remuneration is also any type of compensation or payment that an individual or employees receive as a payment for their services or work done for that organization or company. This includes bonuses, holiday allowances; expenses account funds, and base salary etc.

AMOUNTS AND VARIOUS TYPES OF REMUNERATION

The amount of remuneration an individual receive and what form it takes depe3nds on several factors. These are;

It is important to note that remuneration values and types will differ depending on an employee’s value to the company.

Taking into consideration things like;

The individual employment status. Whether you are a full time staff or part time staff and also the level of position will also be considered.

TYPES OF REMUNERATION

Minimum wage

Deferral compensation or retirement funds

Bonuses and incentives

MINIMUM WAGE

This is the lowest amount that can legally be offered for a specific position or to do a certain job. This is usually maintained by the federal government and it varies from state to state or region to region. However, no matter the state or region, the lowest amount offered cannot be lower than the minimum wage set by the federal government.

DEFERRAL COMPENSATION OR RETIREMENT FUNDS

This is where part of the earnings of an employee is withheld in order to receive them at a future time.

BONUSES AND INCENTIVES

Employees might be paid bonuses at various times and for various reasons. Some of these bonuses are paid based on performance related while others are given to all employees in the company or to a workgroup at the end of a big project or particularly at the end of a good year. An example of these bonuses and incentives includes holiday bonuses or vacation etc.

Incentives are motivational in a way that it is used as a reward for a job well done, that is, a thank you. It is mostly used for appreciation of the employees.

PERFORMANCE APPRAISAL

performance appraisal is a process of evaluating how well an employee is carrying out his or her job and also to understand the abilities of a person for further growth and development.

OBJECTIVES OF PERFORMANCE APPRAISAL

1. To promote the employees on the basis of performance and competence.

2. To help employees in understanding where they stand in terms of performance.

3. To take decision regarding the hike in employees pays and incentives .

4. To facilitate communication between superior and subordinate.

5. To identify the requirement for training and development of employees.

6. To provide confirmation to those employees who are hired as a probationary employees upon completion of the terms.

PROCESS OF PERFORMANCE APPRAISAL

This process first begins with determining the objectives of performance appraisal by

- establishing job expectation

- designing appraisal programs

- identify appraisal performance

- conducting performance interview

- analyzing appraisal data

- using of appraisal data for it's purposes

Note: this process is conducted periodically, usually twice a year in order to determine the performance of an employee and identify their growth and lapses.

In an organization, we have some factors affecting employee performance because as an HRM expert it is important to know why the performance of an employee is very poor. These factors include;

1. Poor cross team communication

2. No goals defined and no tracking against the goal set

3. Workload imbalance

4. Lack of transparency

5. Uninspiring leadership

6. Culture fit

7. Lack of motivation

POOR CROSS TEAM COMMUNICATION

Communication is key for everything we do in life, we have to communicate and the same goes to an organization or company.

NO GOAL DEFINED AND NO TRACKING AGAINST THE GOAL SET

Every organization must define their goals and how to achieve the set goals and this must be communicated openly to the employees so as to serve as a guide in their day to day activities in the organization.

WORKLOAD IMBALANCE

When an employee is overworked it can affect their performance drastically by the employees losing interest in the job.

LACK OF TRANSPARENCY

When the employees feels the company is not being open to them, like something they should know has not been communicated to them it can affect the performance of such employees as they feel they are being denied some benefits or opportunities.

UNINSPIRING LEADERSHIP

A good leader matters. As a leader, you must look after your followers by making them your priority and objectives.

CULTURAL FIT

Different organization have different cultures ranging from their beliefs, the way and manner that they behave , the way they approach situations, their mode of dressings etc. the moment an employee does not seem fit and comfortable with the organizations culture, it will affect the employees performance in one way or another.

LACK OF MOTIVATION

Motivation is very important. As an HRM expert, once in a while you just have to appreciate and motivate your employees to keep them working at their best performances and happy with doing their job.

PURPOSE OR GOALS OF PERFORMANCE APPRAISAL

1. Ensure employees feel valued - in order to be productive and really at the top of their performance. It is important to regularly check in with them to give feedback that both express your appreciation for their work and helps them understand the impact of their work on the business which in turn makes them more likely to stay engaged and continue performing well. While performance appraisals do give you the opportunity to offer constructive criticism and address any shortcomings it also gives you a great opportunity to recognize the hard work of the employees.

2. Resolve problems - whether an employee has a problem with their workload, teammate or a project, a formal review gives you the opportunity to work on solving these issues and retaining your team members . It also like a key opportunity to share any grievances you have with their performance or progress.

3. Maintain positive managerial relationship - the best teams are those with the best relationships with their coworkers and managers. It therefore help to maintain productivity and progress in the organization.

4. Access opportunities for promotions advancement and raises.

5. Performance appraisal system helps to evaluate how well an employee performs his or her job duties or tasks, her supervisory and leadership capabilities and other soft skills and how well she manages workplace relationships and conflict resolution.

ADVANTAGES AND IMPORTANCE OF PERFORMANCE APPRAISALS

1. Promotion - performance appraisal helps the supervisors to chalk out promotion programs for efficient employees in this regard inefficient workers can be dismissed or demoted in case.

2. Compensation - performance appraisal helps draft out compensation packages for employees, compensation packages includes bonus, high salary, extra benefits, allowance. Note this criteria should not be merit rather than seniority.

3. Communication - it helps in effective communication between employees and employers.

4. Motivation - performance appraisal serves as a motivational tools.

5. Employment development - this systematic procedure of performance appraisal helps the supervisors to frame training and polices programs. It helps to analyze the strength and weaknesses of employees so that new jobs can be designed for efficient employees.

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 2

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 2

Topic of the day

Effect of a good HR policy in an organization

Expansion of organization

Keys for expansion or growth

Advantages and disadvantages of expansion or growth

Self regulatory manpower control

Ways to improve self regulation

Problem caused by expansion

EFFECTS OF A GOOD HR POLICY

As an HRM expert, employees will test limit and act creatively in workplace situations, so you need a strategy for developing, communicating and enforcing a set of policies and practices that reflects your standard of acceptable behavior which consequences will be attached when not followed.

A successful policy and practicing strategy do more in an organization as this enables you as the HRM to recognize and address people’s needs by identifying the weakness of the employees.

As an HRM, you need to implement as your duty, policies and practices that would serve as a guide for all employees for the growth of the organization.

There are 4(four) key elements that are related to the development of the policies. These are;

Roles

Rules

Consequences

Tools 

As an HRM, your employees should be able to understand their roles, as a successful team has a well defined position for each members of the organization.

As an HRM, the managers and the employees need to share what is and what is not acceptable within the company. This is what we call the rules of the organization.

As an HRM, there must be consequences if an employee violates the law or rules. This is very important as consequences for violation of behaviors must be clearly stated.

As an HRM, you can use the tools to address the question of how you support the people in the company. This enables you to identify what is not done and what needs to be done in the organization in order to help the employees become better version of them. This can be done by analyzing the capacity, strength, and weakness of the employees.

Therefore, good HR practices satisfy employees and encourage them to contribute to a company’s success. Training, knowledge, and skills can increase a business competitive advantage. Effective organizations focus on this positive effect of HR by helping employees train, learn and improve. The establishment of these policies can help an organization demonstrate both internally and externally, the basic requirements to managing conflictual issues of diversity, ethics and training as well as commitment in relation to the regulation and corporate governance of its employees. 

WHAT IS EXPANSION

Expansion or growth in the business organization simply means an increase in size and capacity. It also involves product diversification, machinery, a better package for workers, good network, waste reduction, disciplined workforce, less accident report, profit maximization, cost saving etc.

Without expansion or growth, organizations stand the risk of collapsing whenever competitions set in, the organization will be able to survive in the business.

KEYS FOR EXPANSION OR GROWTH

Good policy or decision making

Good planning

Research

Accountability

GOOD POLICY

Good policy or decision making can also help in the growth and development of an organization.

An organization with a good policy or decision making usually stands the test of time due to the type of policy or decision embark upon by its owners in the day to day running of the business. Therefore, if an organization embraces a wrong policy or decision in their business activities, it collapses the business. It is the responsibility a she HRM to establish good policies and work with the management of the organization to make right decisions for the development and growth of the organization. 

GOOD PLANNING

Good planning is also key for expansion and growth. Any organization that does not plan well must collapse. It is very important that you plan well even in our day to day lives, planning has always been a key factor. This involves actions to take, when to take the actions and strategies to adopt in order to reach the set goals and objective of the organization. An organization with a bad planning method can never grow because it lacks the technical knowledge on how to achieve the required goals.

RESEARCH

Without research, no organization will stand. Technology, new invention of things has become the order of the day, therefore you have to be exposed as an HRM expert by making broad research on order to see what the world looks like and changes that are involved both in the world of possibilities and impossibilities as this can affects organizational progress and growth.

ACCOUNTABILITY

Any organization that does not embrace proper accountability in their daily activities is ruined. As an HRM expert, you must ensure the accountability statement of the organization is intact as proper accountability reveals the financial status of the organization.

THINGS TO WATCH FOR INA BUSINESS ORGANIZATION EXPANSION OR GROWTH

Motivation – every organization must motivate their entire workforce if it plans to embark on expansion, every true expansion or growth must start from the motivation of the entire workforce as it helps in bringing the best in them and making them work more efficiently.

Annual account – this shows a company profits, losses, access etc. it helps as a yardstick to ascertain the financial strength of an organization.

Affiliation – an organization that has strong expansion program usually affiliates with another company with such a policy in order to share ideas to attain greater heights.

Networking – without networking a company expansion policy is never complete. It tells about the location, involvement and your activities to the global world.

Product diversification – an organization with lots of goods and services in high demand credited with its name is without doubt expanding, therefore, it is very important as profits will keep coming in from different areas.

SELF REGULATORY MAN POWER CONTROL

As an HRM manager or expert, you need to practice what is called self control.

Self regulation simply means control of oneself by one own self.

Self regulatory learning is the process of taking control and evaluating one’s own learning and behaviors.

As an HRM expert, your employees must always push you to the wall by doing those things that will upset you and your ability to control and manage that situation or handle it is called self regulation.

Self recitation is what will keep you from yelling at your boss when they get on your nerves, slapping s a co-worker etc.

As an HRM expert, you must be able to approach situations in a matured way.

TIPS FOR SELF REGULATORY AND EMOTIONAL MANAGEMENT

What can you do when you are faced with such situations?

Take or do a breathing exercise, for example, mindful breathing.

Eat healthily, drink lot of water and limit alcoholic consumptions

Exercise regularly – this is very important in relaxing your nerves

Sleeping for at least 7 to 8 hours in the night as lack of sleep might affect proper functionality during the day

Laugh more often. Avoid your facial look to be moody

Spend time alone. Personal time, relax etc.

Make time for fun so it would not be just work, work, and work.

Manage your work and life balance

Walk away

WAYS TO IMPROVE SELF REGULATION

What can you do to improve self regulation?

Lead and live with integrity – this can be done by being a good role model, practicing what you preach, create a trusting environment and living with your values.

Be open to change – by being able to challenge one to deal with changes in a straight forward and positive manner because change is constant.

Indentify your triggers – by cultivating a sense of awareness, this will help you to know what your strength and weaknesses are and what triggers you in your difficult state of mind.

Practice self discipline – by committing yourself into taking initiatives, staying persistent in working towards goals and objectives even when they feel like the last thing to be done.

Keeping calm under pressure – this is very important mentally and physically.

Reframing negative thoughts – when you are able to take a step back from your own thoughts, and reframe all negative thoughts to positive thoughts and feelings in order to come out with something beneficial to you and the organization rather than staying negative all the time.

Believe in yourself – this will help boost self confidence and it helps disregards all negative thoughts or comments. 

Consider consequences – always think ahead that what will happen when you shout at your boss or slap an employee because you will only be lucky not to lose your job.

PROBLEMS CAUSED BY EXPANSION IN BUSINESS

Lack of cash

Poor feedback from customers

Employee been overworked

Pressure from increased demand

Outgrow of office space

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 1

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 1

Topic of the day

Various definitions of HRM

What is the main aim of HRM

Objectives of HRM

5Ps HRM model and its purpose

Human resource function 

Definition of managerial and operational function

Human resource activities

Human resource specialists and its duties

DEFINITION OF HRM

Human resource management is the strategy and coherent approach to the efficiency and efficient management of people in a company or organization such that they help the business gain a competitive advantage.

AIM OF HRM

To work with the employees and management in order to ensure that the organization is established , the organization are doing the right thing, the organization are making profits.

Human resource management is the practice of recruiting, hiring, deploying, and managing an organization and is employees.

The ability to recruit, to hire, to get the right candidate suitable for the job vacancy or that job position is what is referred to as human resource management.

Human resource management in also the process of employing people, training them, compensating them, developing policies related to them and developing strategies to retain them.

In an organization, when someone is employed , these new employee need to undergo what we call training which would make the employee know what to do and what not to do, the steps expected of them to develop and meet up with the goal of the organization.

Human resource management is also a contemporary umbrella used to describe the management and development of an employee in an organization. It is also called personal or talent management.

A human resource manager must know how to manage employees of different kinds, ranging from the difficult ones to the easy ones.

The main aim or major purpose of HRM is to ensure that the right people with the right skills for the right job position in the organization are employed. The moment the wrong people with the wrong skills are employed, the very moment the position becomes vacant.

An HRM does not employ base on relations, that is, family and friends.

Note that an HRM who does not do his or her job well will put the organization in disorder.

OBJECTIVES OF HRM

Organization mission – contributing to the overall strategic goals and value of the company.

Personal adversement – to be able to help every employee progress and remain successful in their career. Be their mentor and guide as the employees tend to look up to you.

Organization support – to be able to ensure the efficiency in employee’s recruitment, management and retention.

Procedure administration – an HRM must be able to authorize the best practices and official policies which include a benefit structure. To be able to build up benefit structure, placing values on the right things to be done so the employees can see them and whoever does the right thing will get rewarded accordingly.

Cultural growth – This mean putting policies in place that makes employees feel valued, motivated and engaged. As an HRM expert, it is not advisable to disregard employees of any kind and in any way. When employees are valued, motivated and engaged, they feel they can always do better at what they do.

5PS HRM MODEL AND ITS PURPOSES

The 5P HRM model is a comprehensive for m of strategic human resource management developed in 1992 by Randall S. Schuler, a world renowned scholar specializing in global human resource management, strategic human resource management, the role of human resources in organizations and the relationships between corporate strategy and human resource management.

PURPOSE OF 5P HR MODEL

The purpose of the model is to ensure that all aspects of the organization are working towards the same goals. This is done by defining and communicating the company values, vision and mission. The principles of the model are to ensure that all employees have equal access to resources, communication channels and opportunities.

THE 5P OF HR MODEL includes;

Purpose – the organization visions, mission and primary goals should aim to provide the overall purpose and direction the organization is pursuing, as well as to guide and influence decisions affecting the organizations and their stakeholders.

Principles – these are defined as operational protocols or guidelines that serve as a basis for achieving a desired outcome or income. They are generally established to prove guidance, set standard and d promote consistency within an organization by providing a set of rules and expectations, rules help ensure that decisions are made in a consistent, informed and meaningful manner.

Process – it basically includes architecture, policies and regulations, systems and process, therefore the ways of working are always connected to the purposes and principles set out in the 5P human resource management model.

People – these are the most important asset of any organization and their skills, knowledge and hard work play a key role in achieving the organization goals.

Performance – ultimately, performance is an outcome that can be tracked and monitored with appropriate standards. It is the culmination of hard work, dedication and the right strategic; performance is the key to success in any business and must be closely monitored to ensure the success.

HUMAN RESOURCE FUNCTIONS

Generally, HRM is concerned with hiring, motivating and maintaining workforce within the organization or businesses. It is the duty and the responsibility of the HRM expert to ensure that the right candidate is employed for a job position so that the organization can function properly.

The function of HRM includes;

Managerial functions

Operative functions

MANAGERIAL FUNCTIONS

This deals with the management of the organization. It can be classified into 4 (four) groups.

Planning

Organizing

Directing

Controlling

PLANNING

This means the management process concerned with defining goals for a future direction and determining on the mission and resources to achieve those goals. This includes business plan or marketing plans.

ORGANIZING

This means the process of identifying and grouping the work to be performed, designing and delegating responsibilities and authorities, and establishing relationship for the purpose of enabling people to work most efficiently together in accomplishing these objectives and goals.

DIRECTING

This includes activating employees at different levels and making them contribute maximum towards the organizational goals. To do this consistently, an HRM experts needs to keep the employees motivated.

CONTROLLING

Post planning, organizing and directing ensures that the performance of an employee is checked. As an HRM expert, always check and verify and compare with the goals of the organization.

OPERATIVE FUNCTIONS

This deals with the tasks or duties of the organization.

Recruiting or hiring is a process which rings a pool of prospective candidate who can help the organization achieve their goals and allow management to select the right candidate from the given pool.

Performance appraisal – a HRM must check and analyze employee performance.

Employee welfare – the HRM should take care of numerous service benefits and facilities provided to the employees for their well being.

Personal records – this function involves recording, maintaining and retrieving employee related information including employment history, work hours and earning history.

Salary administration – the HRM departments also determines the pays for different types of jobs and includes compensation, bonuses, and incentives to the employees.

Training and development – all employees must acquire new skills and knowledge to perform their work effectively.

Job analysis and job design – job analysis is the act of describing the nature of job like qualifications, skills and work experience required for the specific job position while job design includes outlining tasks, duties and responsibilities into a single work unit to achieve a certain goal.

HUMAN RESOURCE ACTIVITIES

These includes recruitments, training and developments, payroll, employees and labor management relation, human resource planning, wages and salary administration, performance appraisal, job analysis , compensation, motivation, industrial relation and health, safety and security.

Recruitments – this is one of the major functions of HRM to attract and maintain skilled, experienced, dedicated and well motivated employees. A high level of resources and commitment is essential when recruiting candidates. An HRM should make sure that the candidate is committed, has high level of resources and can add values to the job. However, this involves various tasks and this includes;

Developing job specifications

Advertising

Sorting applications

Job interviews

Posting 

Training and development – these can be on the job and refresher trainings for new and existing employees. These can also be classified into two types which includes; (i) on the job – mostly for existing employees (ii) off the job – mostly for new employees

Payroll – keeping accurate and on time payroll compensation to everyone e at the organization is one the chief duties of the HRM. The HRM experts must pay off their employees on time as delaying can have various negative effects on employees.

Employees and Labor management relationship – managing a good relationship between the employees and the management is another key role of the HRM. An HRM expert must protect the rights of the employees at all times whether it is being represented or not. An HRM must also be able to establish a bond with the staffs of the organization.

Human resource planning – this deals with anticipating futures and avoiding predicted problems. As an HRM expert, you must be able to plan ahead of time and also prepare for damages to be covered.

Job analysis – this provides knowledge of man power planning.

Wages and salary administration – a better range and salary system in an organization enables and attract and also keeps employees for a long time which also motivate them to perform at their best.

Compensation – this is also very important for the HRM department to attract, motivate and retain employees.

Motivation – intellectual, biological, emotional and social aspects determines the motivation among individuals. An HRM should be able to motivate all the staffs as lack of motivation often leads to performance defects in an organization and decreases productivity.

Health, safety and security – this is a very important aspect as long as an organization is concerned. An HRM must ensure that the well being of the staffs are protected and not feel their lives are in danger or their health is in jeopardy if they continue working in the organization. An example is the NHI A services etc.

HUMAN RESOURCE SPECIALIST

Human resource specialists are trained in all aspects of human resources, so they are equipped with the knowledge and skills to handle personal issues within an organization, recruit and hire new talent, and facilitate training and on –boarding into the company. A human resources specialist therefore recruit, screen, interview and place workers, they often handle tasks related to employees retentions, compensations, benefits and training.

DUTIES OF HUMAN RESOURCE SPECIALISTS

Keep employees record and process paper work.

Consult with employers to identify employment need.

Inform applicant about job details such as duties, benefits, and working conditions.

Hire or refer qualified candidates for employees.

Interviews applicant about their experience, education and skills.

Contact references and perform background checks on job applicants

BUSINESS AND COMMERCIAL LAW

Business law is the type of law that establish the rules that all businesses sould follow by dictating how to form and run a business such as buying ,managing , closing, selling and when to seek the advice of a licensed attorney.

Business law includes states laws, federal laws and also administrative regulations.

Commercial law focuses on the sale and distribution of goods.

Business law focuses on the aspect of business which includes forming a company, mergers and acquisitions, shareholders rights and property issues.

LAW OF CONTRACT AND COMMERCIAL LAW

Definition Of Law Of Contract

We can say the law of contract is an agreement between two or more people or entities like companies, corporations, and organizations that creates legal duty or responsibility and must be enforceable in a court of law.

The formation of contract requires the following;

a. Offer

b. Acceptance 

c. Consideration

d. Mutual intention to be bound

The parties to a contract must not be:

a. Minors

b. Intoxicated person's

c. Those under mental afflictions

Characteristics of a valid contract includes the following;

a. Competency - parties to a contract must be competent , that is, have the capacity to enter into a valid contract. In the case of a minor, the contract will only be enforceable when they reach the age of majority in their particular state.

b. Offer and acceptance - an offer will be valid where party X makes an offer to Y and explain all the essential terms of such offer and must be understood by Y, then an acceptance will be valid when Y in return after understanding these terms agrees to the offer of X. However, an offer can be made to a person, class of people or to the whole world.

c. Intention to create legal relations - when we talk about creating legal relations, it does not exist because there is an agreement between A and B, for example, when A offers to give B a ride to work in his car, this does not create any legal relation. What creates legal relation is where A agrees to give B a ride on the terms that B will pay $20 for fuel each Friday. This is a legal contract.

d. Consideration - This is a price paid by A for the promise made to him by B. Consideration need not be money. It can be a right, benefits, or interest to one party or some forebearance, detriment, loss, or responsibility suffered by another party. Consideration must not be illegal and impossible to perform.

The exception to consideration is document under seal (deeds) because it does not require consideration to create a legally binding contracts.

Other characteristics of a valid contracts include;

i. Legal capacity

ii. Parties must be sane

iii. Consent of the parties

Mistakes that vitiates a contract

Only mistakes that goes to the root of an agreement can vitiate it. These includes;

a. Where A and B agrees on a car sale and in reality the car has been damaged by fire, there would be no valid contract. But if it is that the car was yellow and they thought it was green, the contract will still be valid.

b. Where A signs a document mistakenly believing that it is for the sale of a car, but the document in reality is for the sale of a house. A will not be bound by it 

c. Where A cannot read, and B tells A what is in the document and A signs. A will not be bound by the document if what B tells A is not what is in the document.

Note - if A signs a document and A believes it is a contract and does not read the terms and conditions of the contract , A will be bound by such contract and cannot plead mistake.

Types of Mistake in contract

a. Common mistake - this is where A and B, who are parties to a contract, are both mistaken on the fact of the contract and therefore renders the contract void and can not be performed. See Bell v Lever Brothers Ltd, Svanosi v McNamara.

b. Mutual mistake - this is where A and B, who are parties to a contract, are both mistaken on the terms of the contract, that is, A believes the contract for lease is for 3 years, while B believes the same contract for lease is for 4 years, see Raffles v Wichelhaus.

c. Unilateral Mistake: this is where A and B, who are parties to a contract, A is the only party who is mistaken as to the terms or subject matter of the contract. The contract will become voidable unless B, the other party knows that A has mistaken on the terms and subject matter and still want to take advantage of A, the contract will become void. Se Lewis v Avery

Illegal and void contracts

Where a contract is illegal , it will affect its enforceability. 

If the contract is illegal by statutes then it will be regulated by such statute and the one prohibited by statute will be void even when the parties are aware of the illegality or not.

However, if A and B enters into a contract and A performs his duty in an illegal way, voiding the contract , or leaving it to be regulated by statute , B, that has no knowledge of the act by A, can still enforce the contract or recover damages for the breach of such contract and this includes money or other property transferred under the contract.

Contract that are illegal at common law includes;

a. Contracts to commit a crime , tort or fraud

b. Contracts that are sexually immoral

c. Contracts that prejudice public safety

d. Contracts that promotes corruption

e. Contracts to defraud the revenue

Note that these illegal contracts are not going to be void in it's entirety, that is, if the offending part of it can be removed , the rest of the contract continues to make sense. But contracts that is illegal at common law cannot be severed , that is , the illegal parts cannot be separated and it will become void. Any money paid or transferred under this void contract will be recoverable because a void contract means that there is no contract.

Termination of contract

Only parties to a contract can terminate the contract or agreement due to the following;

a. Impossibility of performance - where a party to a contract cannot perform his duties in a contract, the other party has the right to terminate the contract .

b. Breach of contract - this is where a party did not perform his duties or performed it in half intentionally then the other party can terminate the contract because of the breach .

However, we have two types of breach

i. Material breach - this is where the other party is allowed to seek monetary damages from the party that breached. An example is where A agrees to supply B some materials to be sold for Bs customers on Friday and A did not supply the materials until after a month causing B to lose the customers.

ii. Immaterial breach - this is where the other party is not allowed to seek monetary damages from the party that breached. An example is where A agreed to supply B some materials to be sold for Bs customers on Friday and A supplied the said materials to B on Saturday.

c. Prior agreement - this is where the parties to the contract already agreed that at the occurrence of a particular event , the contract will be terminated.

d. Recision - this is where there is misrepresentation, illegality, mistake, or lack of capacity from a party to the contract.

e. Completion - this is where the obliagtions or duties of the parties to the contract have been performed completely.

f. Frustration - this is where one party to the contract is unable to perform his obligations or duties due to an unforseen circumstances . It is difficult to prove but when proved, it discharges the parties to the contract of their contractual obligations.

Payment of damages for breach of contract

a. Compensatory damages

b. Liquidated damages

c. Nominal damages

d. Punitive or exemplary damages

CRIMINAL LAW AND PROCEDURE

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CRIMINAL LAW AND PROCEDURE

Criminal law as we all know is the part or body of law that relates to crime and mostly established by statute and also includes punishment for people who violates these laws. Therefore any conduct seen as threatening, harmful, endangering property, health, safety and moral welfare of people, can be called an act of crime.

Criminal law varies according to jurisdictions and it has a penalty that involves the forfeiture of ones rights and imprisonment.

The main theories for criminal law includes the following;

1. To deter crime

2. To reform the perpetrator

3. To provide retribution for the act

4. To prevent further crimes

However, there are only five man theories that have been widely accepted for the enforcement of criminal law by punishments. These are;

1. Retribution: done in a way of punishment 

2. Deterrence: done in a way of discouraging the offender from criminal behaviors

3. Incapacitation: done in a way of keeping the criminals away from the society through prison sentences

4. Rehabilitation: done in a way of transforming the offender into a valuable member of the society

5. Restoration: done in a way of repairing an harm done to the victim through state authority

There are two types of criminal laws. These are;

1. Misdemeanor: this is an offense considered as a lower offense. For example, minor assaults, traffic offences or petty thefts and the penalty is mostly one year or less.

2. Felony: this is an offense considered as a more serious offense. For example, murder, manslaughter, dealing drugs, rape, robbery and arson and the penalty is mostly one year or more.

Elements of Criminal Law

What comes to mind here are;

1. The Actus reus or guilty act

2. The Mens rea or guilty mind

However, judges have concluded that in crimes where both elements are required, then they both must be present at the same moment because it is not enough that they occured sequentially at different times.

Actus Reus

Actus Reus is the latin word for guilty act and it is the physical element of commiting a crime.

Actus Reus can be accomplished by the following;

1. An action

2. Threat of action

3. An omission to act

However, a failure to act can also be an Actus Reus but in this case, there must be a duty of care. This duty of care can arise through the following;

1. Contract

2. Voluntary undertaking

3. Blood relation

4. Official position

An Actus Reus can be nullified by an absence of causation, that is, it is said that a crime involves when an harm has been done to a person, and the harm must have been caused by another person's action. So if the harm was not caused by anyone, there maybe no crime, because there is an absence of causation.

Mens Rea

Mens Rea is also a latin phrase that means guilty mind and it is the mental element of crime.

Mens Rea is defined as the intention to do a wrongful act it is satisfied to have been completed when a person recognized that what he or she wants to do is dangerous and still decides to do it.

When the intent is wrong, it may vary how serious the offense is and can reduce the punishment. An example is where a person kills or knows that death or serious body harm would be the result could be seen as murder while killing that happened under recklessness and not knowing that death or serious body harm would be the result could be called manslaughter.

Strict Liability

Strict liability is described as a criminal or civil liability that lacks mens Rea or intent by the defendant but deals with negligent acts by the defendant.

In strict liability, it is not necessarily needed to show that the act was intentional because most of it are not truly crimes at all but administrative regulations and civil penalties that were created by statute. An example of strict liability crime is the crime against the traffic or highway code.

Fatal Offenses

The following are seen or regarded as fatal Offenses;

1. Murder: this is an unlawful killing and it is divided into various gradiations of severity below;

a. Murder in the first degree: this is based on intent and it requires malice as an element 

b. Manslaughter culpable homicide is seen as lesser variety of killing done in the absence of malice and can be caused by reasonable provocation or diminished capacity.

c. Involuntary manslaughter when recognized is also a type of killing that lacks all but guilty intent or recklessness.

Personal Offenses

Talking about personal offenses, we would be seeing battery which is traditionally seen as unlawful touching. When a person is scared of an imminent battery to be committed upon him, this is an assault and can give rise to criminal liability. Another example is non-consensual intercourse or rape.

Property Offenses

Under the property Offenses are the following;

1. Trespass: which is an unlawful entry onto the real property of another

2. Conversion

3. Embezzlement

4. Theft 

5. Robbery: which is a theft by force

6. Fraud

Participatory Offenses

Participatory Offenses talks about getting associated with crims in one way or the other even if the crime does not actually come to fruition.

The following are examples of participatory Offenses;

1. Aiding

2. Abetting

3. Conspiracy

4. Attempt

Mala Inse v. Mala Prohibita

All kind of offenses are divided into the latin legal terms Mala Inse and Mala Prohibita.

Mala Inse are crimes that are evil or morally wrong and are widely called regardless of jurisdiction.

Examples of Mala Inse offenses are;

1. Felonies

2. Property crimes

3. Immoral and corrupt acts by public officials

Mala Prohibita are offenses that does not associate with wrongfulness.

Examples of Mala Prohibita offenses are;

1. Parking in a restricted area

2. Driving the wrong way down a one-way street

3. Jay walking or unlicensed fishing

Mala Prohibita are acts prohibited by statutes but not considered wrong because they are imposed strictly and there would be no need for mens Rea but the act itself to have been done.

General defences to criminal liability

The defences of criminal liability includes the following;

1. The defence of De Mininis Non Curat Lex: the maxim “De Mininis Non Curat Lex” means the law does not concern itself with trifles. This defence is used where the injury is so slight that no person of ordinary sense and temper would complain of the injury.

2.The defence of accident: this is provided for under section 24 of the criminal code. This defence makes someone not liable when the injury occurs independently of their will or by accident. See the case of Iromantu v. State

However, if the injury is reasonably foreseeable to occur then the defence of accident would not work. See the case State v. Appiah and Uket v. State

3. The defence of mistake: this defence can only be used when it is of fact only as provided for under section 25 of the criminal code.

However, the following must be fulfilled before the defence of mistake could be successful;

a. It must be mistake of fact and not law

b. The mistake must be honest and reasonable 

c. There would be no greater liability of the mistaken facts were found to be true

4. Mistake of Fact and not of Law: according to section 22 of the criminal code, ignorance of the law is not an excuse (ignorantia juris non excusat) unless where the law that creates the offense states clearly that there has to be knowledge of the law as an element of the offense. See the case of Sherras v. De. Rutzen

Where the defence of mistake wild apply then the mistake must be one that is honest and reasonable. See the case of R v. Gaddam

5. The defence of bonafide claim of right: this defence is provided for under section 23 of the criminal code. This defence can be applied successfully where the act or omission done in relation to property happened with an honest claim of right and without intention to defraud.

Property in this context is defined under section 1 of the criminal code to cover all kind of property, including land. See the case of R v. Vega

6. The defence of necessity and extraordinary emergency: this defence is provided for under section 26 of the criminal code. This defence is only valid where the act or omission were done in sudden circumstances or extraordinary emergency that a normal person would not have acted otherwise.

The exceptions to these defences includes;

a. Compulsion

b. Provocation

c. Self defence

See the cases of R v. Dudley and Buckcoke v. Greater London council

Judicial Officers and the Execution of the Law

Section 1 of the criminal code includes the Justices of the Supreme court, court of appeal, federal high court, state high court and any administrative officer that engages in judicial acts, proceedings or inquiry as Judicial officers.

Section 31 of the criminal code makes no judicial officer criminally responsible for act done or omitted to be done when he or she exercises the said functions. See the case of Anderson v Gorrie (1894)

Section 32(1) of the criminal code does not make someone liable in the performance of the provisions of the law.

Section 32(4) of the criminal code will make the person laible if the acts or omissions results in death or grievous bodily harm.

Criminal law starts with a procedure which begins with the criminal charge and then conviction or acquittal of the defendant.

Criminal procedure can be in two forms;

a. Inquisitorial criminal procedure

b. Adversarial criminal procedure

Basic Rights

It is the duty of the prosecutor to prove that the defendant is guilty beyond reasonable doubt as oppose the defendant having to prove innocence. If there is any doubt the case would be resolved in favor of the defendant.

The defendant has a right to a legal counsel and any defendant who can not afford one will be provided with one by the courts, this is called court - appointed lawyer.

The fundamental or basic Rights of the defendant are as follows;

a. Right to be informed about the crime arrested for

b. Right to be presented before a Judicial officer within three days of custody

c. In Zimbabwe, right to be granted bail upon application.

Difference in criminal and civil procedures

Criminal Procedures

- higher standard of proof

- prove beyond reasonable doubt (Plomp v R)

- started by the federal or state government

- criminal action is brought by the prosecution

Civil Procedures

- lower standard of proof

- prove on the balance of probabilities

- started by individuals

- civil action is brought by the plaintiff

Constitutional Law

The term constitution comes from a latin word 'constitutio' and it is defined as the set of rules and principles that define the nature and extent of government.

The constitution is the most basic law of a territory from which all the other laws and rules are hierarchically derived.

The constitution can be codified, that is, written down to make a single document whole some are not codified. An example is the constitution of the United Kingdom as they are written in numerous basic acts of legislature , court cases or treaties.

The constitution can be of different modes;

a. Constitution for sovereign states

b. Constitution for companies

c. Constitution for unincorporated associations

A codified constitution can serve as a limiter for state power by drawing lines for rules with the help of fundamental rights.

The longest constitution is of India - 444 articles, 22 parts  12 schedules, 18 amendments and 146, 385 words in English language. While the shortest constitution is of Monaco - 10 chapters, 97 articles and 3, 814 words.

General Features

Activities done within the power of the constitution is called in Latin Intra Views and beyond the power of the constitution is called in Latin Ultra Vires

The constitution has power of supremacy over ordinary statutory law and if such statutory law does not follow the provisions of the constitution, it will be  regarded as null and void ab initio.

Types of constitution

Written Constitution - this constitution is written in form of a book or series of documents combined in the form of a book. It is always duly passed and enacted. Examples are the constitution of India, USA, Germany, Japan, Canada, France, Switzerland etc.

Unwritten Constitution - this constitution is neither drafted, enacted nor written in the form of a book. It can only be found in charters and laws and conventions as a product of slow and gradual evolution of the people. An example is the constitution of the United Kingdom.

Differences between written and unwritten Constitution

Written Constitution

- form of a book

- made and enacted by the people

- less flexible

- it is definite

Unwritten Constitution

- not in form of a book

- result of gradual evolution of the people 

- depends on unwritten rules 

- need to be proved by quoting sources and practices

Flexible constitution

Flexible constitution is the one which can be easily amended. An example is the British constitution.

Merits of a flexible constitution 

a. It changes easily according to the environment 

b. Can meet emergencies with the ability to be amended easily

c. The people do not feel the need for revolutionary changes as it changes alongside the peoples way of life

d. It is always up to date 

Demerits of a flexible constitution

a. It lacks stability as it can be changed easily

b. It is not suitable for a federation as it can lead to undesired changes by the federal government.

Rigid Constitution

Rigid constitution is the one which can not be easily amended and can only be amended by the legislature having to pass a bill of amendment and supported by a big majority of its members. An example is the constitution of the United States of America.

Merits of Rigid Constitution

a. It has stability

b. It ensures administration continuity

c. It prevents autocratic exercise of government power

d. It is ideal for a federation

e. It is the basic will of the sovereign people

Demerits of Rigid Constitution

a. It does not change easily with the pace of the environment

b. It slows down social development 

c. It is not suitable for emergencies

d. The people might need a revolution for a change

e. It becomes conservative and gets old

Enacted Constitution

Enacted Constitution is the one which is man made.

It is passed after there is a thorough discussion over it's objectives, principles and provisions.

Qualities of a Good Constitution

a. It must be systematically written

b. It must contain the states law in order to be supreme

c. It must have the ability to change flexibly or rigidly

d. It must not be too rigid or too flexible

e. It must ensure fundamental rights of the people 

f. It must define the powers of the government and it's organs 

g. It must provide a representable , responsible , limited and accountable government 

h. It must provide support for free and fair elections

i. It must show that the people are sovereign

j. It must not be ambiguous in it's language

Importance of Constitution

a. It shows the people are sovereign 

b. It shows the goals and objectives of the people 

c. It shows the guarantee of fundamental rights of the people 

d. It shows the account of government powers and functions of its organs

e. It shows the separation of powers between the federal and state government 

f. It shows how the constitution should be amended

g. It shows election system and people's right in election

h. It shows the independence of the judiciary

i. It governs all and it's rules can not be violated.