Question Tag: Legal obligations

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  • 15 Marks

BCL – Nov 2016 – L1 – Q4a – Alternative Forms and Constitutions of Business Organisations

Determine whether partners remained after notice of retirement under the Incorporated Private Partnership Act, 1962 (Act 152).

By a letter dated 18th February 2014, addressed to the Manager of their partnership firm, Kofi Nti informed the Management of his and Mrs. Obeng’s immediate retirement as partners. The Manager replied that their application was under consideration. However, by another letter dated 12th January 2015, Mr. Kofi Nti and Mrs. Obeng withdrew their letter dated 18th February 2014. The conduct of the remaining partners, however, showed that they considered the letter of 18th February 2014 to be of no effect, and continued the partnership accordingly. A dispute later arose and Jeff, one of the partners, obtained an order of the High Court directing Mr. Kofi Nti and Mrs. Obeng to submit themselves to arbitration in accordance with the partnership agreement. The arbitrator submitted to the court that by their letter dated 18th February 2014, Mr. Kofi Nti and Mrs. Obeng ceased as from that date to be partners as the said letter could not be recalled.

Required:
Explain whether by the provisions of the Incorporated Private Partnership Act, 1962 (Act 152), Mr. Kofi Nti and Mrs. Obeng remain partners in the firm after their letters of 18th February 2014 and 12th January 2015.

Under the provisions of the Incorporated Private Partnership Act, 1962 (Act 152), the following points apply to the scenario:

  1. Notification Requirement: Upon the retirement of a partner, the remaining partners must, within 28 days, notify the Registrar of Companies of the fact, as required by Section 7 of the Act.
  2. Registrar’s Duty: The Registrar is then required to amend the certificate of registration of the company and insert a notice in the Gazette signifying the change.
  3. No Compliance with Statutory Requirements: The remaining partners did not notify the Registrar of Companies following the letter of 18th February 2014. As a result, the original certificate of registration with the names of all the original partners remains unaltered.
  4. Conduct of the Partners: The conduct of the remaining partners showed that they treated the letter of 18th February 2014 as of no effect. By their actions, they seemed to agree that the letter should be ignored, and continued the partnership accordingly.
  5. Legal Standing of Partners: Due to the lack of compliance with the statutory requirements, and the conduct of the remaining partners, Mr. Kofi Nti and Mrs. Obeng remained partners in the firm after 18th February 2014. The letter of 12th January 2015, attempting to withdraw the previous letter, does not alter this fact.

Conclusion: Based on the provisions of the Incorporated Private Partnership Act, 1962 (Act 152), and the conduct of the remaining partners, Mr. Kofi Nti and Mrs. Obeng remained partners in the firm after their letters of 18th February 2014 and 12th January 2015.
(15 marks)

  • 12 Marks

BMIS – Nov 2016 – L1 – Q4b – HR – Other human resources functions

Suggest reasons to allocate funds for employee health and safety needs in an organization.

The finance department in your company recently refused to allocate funds to the human resources department to cater for the health and safety needs of employees, arguing that it is a waste of funds.

Suggest FOUR reasons to the finance department why it is necessary to allocate the funds. (12 marks)

  • Legal obligations: The finance department should allocate money for health and safety because the company is legally obligated to cater to the health and safety needs of employees.
  • Reduce labour turnover: Allocating funds for health and safety can prevent employees from leaving the company.
  • Social responsibility: It fulfills the company’s social responsibility towards its employees.
  • Continued production: Ensuring good health among employees is crucial for maintaining productivity; hence, funds should be allocated.
  • Accident prevention: Investing in health and safety can help prevent accidents, protecting employees from hazardous situations.
  • Talent attraction: Prospective employees are more likely to join a company that demonstrates care for its staff, which can be achieved by allocating funds for health and safety.

(Any 4 x 3 marks = 12 marks)

  • 10 Marks

BMIS – Nov 2023 – L1 – Q4a – HR – Other human resources functions

Explain five responsibilities of an employer regarding the health and safety of employees in the workplace.

Organisations are investing large sums of money in systems and procedures in their attempt to ensure safe and healthy working environments for their employees. This is because a breach of any legal or other obligation in that regard can lead to severe consequences.

Required: Explain FIVE (5) responsibilities of an employer as far as the health and safety of its employees are concerned. (10 marks)

Duties of Employer in Ensuring Health and Safety of Employees i) Every employee is required by law to ensure that employees work under satisfactory, safe and healthy environment.

ii) Employers are under obligation to provide and maintain at the workplace plants and systems of work that are safe and without risk to the health of employees and clients.

iii) The employer is expected to ensure the safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances.

iv) It is the duty of en employer to take steps to prevent contamination of the workplace by, and protect workers from, toxic gases, harmful substances, dust, fumes or materials that can cause risk to the safety and health of employees.

v) The employer must supply and maintain adequate safety appliances, suitable fire- fighting equipment, personal protective equipment and educate employees in the use of appliances and equipment.

vi) It is an obligation of every employer to provide adequate supply of clean drinking water at the workplace.

vii) The employer is required by law to provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for the storage, changing, drying and cleaning from contamination of clothing for male and female workers.

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