HR DESK: My employer cuts my pay, what should I do?

Nasir Kolawole

Further to our case study1 (Obotunde’s case), here is an analysis of the theme of the case and likely answers to the questions.

Every organization consist of employer and employees who relate to one another this is the employment relationship, which may be expressed formally by what Rubery et al (2002) regarded as its cornerstone, namely contract of employment. In law an employee is someone working for an employer who has the ultimate right to tell the worker what to do. The employment relationship can additionally be defined formally by such means as procedure agreements and work rules.

The Nigerian Labour law defines a contract of employment as “any agreement, whether oral or written expressed or implied, whereby one person agreed to employ another as a worker and the other person agrees to serve the employer as a worker”. It is an enforceable agreement whereby one person offers his services or labour to another in return of a reward (usually salary/wages).

The express terms of a contract of employment are those terms which the parties themselves formulated either orally or in writing before or at the time of concluding the contract.

Although a contract of employment may be oral or in writing, Section 7 of the labour Act however provides that where a contract is not in writing, its particulars i.e (the particulars of the basic terms and conditions) must be delivered by the employer to the worker not later than three months after the commencement of the employment.

The written statement must specify particulars such as the name of the employer, the name and address of the worker and place and date of his engagement, the nature of the employment, the date of expiration of the contract (where the contract is for a fixed term), wages & salary and terms and conditions relating to hours of work, holidays & holiday pay and provision for sick pay.

It is worthy of note that there must be a definite agreement between the parties, consisting offer and acceptance. The acceptance may be made orally, in writing or may be inferred from the conduct of the parties.

Back to Obotunde’s issue, although Mr Jogunomi’s action may be said to be morally wrong, he could excuse himself and exonerate himself from being liable for the N20,000 difference in the pay by claiming ignorance of the fact that Obotunde and his HR Manager (from his other company) did not finalize pay issue, this of course will cost him Obotunde’s trust and total loyalty. On the other hand, Obotunde may have to pay for his naivety for picking a job out of desperation without clear terms of engagement.

As for Obotunde’s chances of winning if he pushes his case, the bellow case will answer that aspect of the question.

In Ajayi Obe  V  executive secretary Family Planning Council of Nigeria(1995)2 NWLR Part 380 page AT675, the purported acceptance of employment in absence of an offer was held not to create any contract, and as such the employer was vindicated.

Always remember “In learning you will teach, and in teaching you will learn”.

Editor’s Note: HR Desk is normally published on Fridays and this should have come live since last week Friday, but due to some technical issues, we are publishing behind schedule