Ijeoma Chinemerem
New member
TIPPING A staff or asking for a tip is NOT A CRIME .
As Nigerians, I am sure we have heard this phrase alot " Chairman, anything for the boys '' ?
As a matter of fact , several companies abroad and in most West Africa Countries puts it below, in their invoice as an ' automatic gratuity ' , of course voluntary.
It's a cultural expectation for big restaurants or banks in the western world as well ;
You could see 'tip pass' spaces below the official invoices and thereafter a 'thank you' letter sent to your email if you'rea frequent customer.
You would notice the transparent Tip boxes filled with coins, small small monies in banks and airport etc.
They could at the end of the day give it to the best staff of the month or donate it to charity or the employer who was tipped directly could personally take it home as a 'gift of service' .
It all depends on one document called COMPANY POLICY AND EMPLOYEE HANDBOOK.
1. If your company policy says 'soliciting tips means 'misconduct' then the company have every right to sack you , excused in the face of labor law Act ( Cap L1. Laws of the federation of Nigeria 2004) .
Do you want us to sue Chicken Republic or the security agency in charge of the dismissed security guy in Umuahia , Abia State ?
. Lol, don't mind me , I don't have time for that but I hope the Chicken Republic ensures that it was not in any way a 'wrongful dismissal and unprocedural termination'. I keep wondering why they have 'staff dismissal issues all the time , do they not have a employee Handbook or Onboarding process ?
Anyways , there's going to be legal issues with this incident, 5 employer's position and 5 employee positions but I would let that slide in public because it may be strongly inciting.
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- Was the security officer employed directly ?
- Was there a written employment ?
- What did the employment letter says ?
- Did the employee Handbook profit tips?
- Is there a known tip pass policy ?
- Was this the first incident ?
- Was it a mere request or a demand ?
- Was there a CCTV ?
- Was there a witness evidence?
- Was there fair hearing ?
- Was there a disciplinary Commitee ?
- What did the law say about a summary dismissal ?
- What constitutes a GROSS misconduct ?
- What's the effect on the business?
- Was the employee given an opportunity to explain?
- Was there a notice or salary in lieu provided?
- Was dismissal characterized as termination, suspension or dismissal
- what is the process of disciplinary procedure that was applied before dismissal?
- Was evidence relied on just a Facebook post ?
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Labour Act (CapL1, LFN 2004)
Nigeria Common Law on Employment
(Employee Contract , Staff handbook, Company policies, Company Ethics and Value )
Section 9 LA, Cap L1, LFN 2004
Section 11 LA, Cap L1, LFN 2004
Section 17, LA, Cap L1, LFN 2004
Eze V Spring Bank PLc, (2011) 18 NWLR (Pt 1278)113
C.C.B (Nig) Ltd V. Nwankwo (1993) 4 NWLR (Pt.286) 159
Maja V. Stucco ( 1968) 1 All NLR 141
Olaniyan v. University of Lagos (1985) 2 NWLR (Pt.9) 599
NIC decisions on Francis Nwankwo V Arik Air Ltd
M.A Chiroma V. Forte Oil Plc
Olajuoke Obot V John wood Hotel Ltd
#chickenrepublicumuahia
Ninnah Samuel
#CorporateLaw, #GlobalTrade,#InvestmentLawaw, #TechnologyLaw
As Nigerians, I am sure we have heard this phrase alot " Chairman, anything for the boys '' ?
As a matter of fact , several companies abroad and in most West Africa Countries puts it below, in their invoice as an ' automatic gratuity ' , of course voluntary.
It's a cultural expectation for big restaurants or banks in the western world as well ;
You could see 'tip pass' spaces below the official invoices and thereafter a 'thank you' letter sent to your email if you'rea frequent customer.
You would notice the transparent Tip boxes filled with coins, small small monies in banks and airport etc.
They could at the end of the day give it to the best staff of the month or donate it to charity or the employer who was tipped directly could personally take it home as a 'gift of service' .
It all depends on one document called COMPANY POLICY AND EMPLOYEE HANDBOOK.
1. If your company policy says 'soliciting tips means 'misconduct' then the company have every right to sack you , excused in the face of labor law Act ( Cap L1. Laws of the federation of Nigeria 2004) .
Do you want us to sue Chicken Republic or the security agency in charge of the dismissed security guy in Umuahia , Abia State ?
. Lol, don't mind me , I don't have time for that but I hope the Chicken Republic ensures that it was not in any way a 'wrongful dismissal and unprocedural termination'. I keep wondering why they have 'staff dismissal issues all the time , do they not have a employee Handbook or Onboarding process ? Anyways , there's going to be legal issues with this incident, 5 employer's position and 5 employee positions but I would let that slide in public because it may be strongly inciting.
-----------------------------------------------------------------------------------
- Was the security officer employed directly ?
- Was there a written employment ?
- What did the employment letter says ?
- Did the employee Handbook profit tips?
- Is there a known tip pass policy ?
- Was this the first incident ?
- Was it a mere request or a demand ?
- Was there a CCTV ?
- Was there a witness evidence?
- Was there fair hearing ?
- Was there a disciplinary Commitee ?
- What did the law say about a summary dismissal ?
- What constitutes a GROSS misconduct ?
- What's the effect on the business?
- Was the employee given an opportunity to explain?
- Was there a notice or salary in lieu provided?
- Was dismissal characterized as termination, suspension or dismissal
- what is the process of disciplinary procedure that was applied before dismissal?
- Was evidence relied on just a Facebook post ?
-----------------------------------------------------------------------------------
Labour Act (CapL1, LFN 2004)
Nigeria Common Law on Employment
(Employee Contract , Staff handbook, Company policies, Company Ethics and Value )
Section 9 LA, Cap L1, LFN 2004
Section 11 LA, Cap L1, LFN 2004
Section 17, LA, Cap L1, LFN 2004
Eze V Spring Bank PLc, (2011) 18 NWLR (Pt 1278)113
C.C.B (Nig) Ltd V. Nwankwo (1993) 4 NWLR (Pt.286) 159
Maja V. Stucco ( 1968) 1 All NLR 141
Olaniyan v. University of Lagos (1985) 2 NWLR (Pt.9) 599
NIC decisions on Francis Nwankwo V Arik Air Ltd
M.A Chiroma V. Forte Oil Plc
Olajuoke Obot V John wood Hotel Ltd
#chickenrepublicumuahia
Ninnah Samuel
#CorporateLaw, #GlobalTrade,#InvestmentLawaw, #TechnologyLaw