CHAPTER ONE

1.0 GENERALINTRODUCTION

This chapter introduces the topic through the background of study, the problem statement, which is what prompted the research topic, the research question, the justification for the study, and the research methodology used, the significance and the scope of this study.

1.1 BACKGROUND TO THE STUDY

The paid employment in its present sophisticated form was simply in non-existence in pre-colonial Cameroon as opined by M.A YANOU in his book titled Labour Lawprinciples and Practice in Cameroon.[1] The existence of a labour relationship like paid employment presupposes the existence of an effective legal tender. It was in the context of pre-colonial Cameroon impossible to think of paid employment in the absence of an effective medium of exchange like money. Clearly, the none-availability of a legal tender was both here as elsewhere in pre-colonial Africa responsible for the absence of paid contract of service.

Besides, it is obvious that the predominant forms of occupation during the pre-colonial period in history could not support the existence of paid employment. Naturally, in this type of basic economy, each family had to rely on its members for labour. There was in the circumstances no question of specialization that could have led to the creation of a pool from which workers were recruited. In this situation, the practice was for the few Africa dignitaries who had need for large scale labour force.[2] These forms of labour practices were possible because pre-colonial families which were extensive could be easily adapted to provide services in the farms or the constructions at home.

Commercial labour however, did exist amongst traditional Cameroonian communities before the coming of the Europeans in what later became known as Cameroon. The most prominent source of large scale commercial labour was that which was provided for by slaves.[3] The relationship in slavery is devoid of considerations and so cannot be strictly as employment as understood in the modern employment law. The absence of these features makesthe conclusion above compelling particularly as section 1(1) and 23(1) of Law No 92/007 of 14/ August 1992 of the labour code which defines employment in terms of voluntariness and pay.The other important type of labour engagement during this period was the co-operation.[4]

    Pre-colonial forms of labour law engagement were created although they were not regulated by well-defined rules, they were however subject to certain discriminable regulatory practices such as should be expected in simple societies.[5] The law regulating the contract of employment is built upon a foundation of imported French and English laws. The earliest enactment that the French labour law into the former East Cameroon was the French Overseas Labour code of 1952. Then reception of this law (Law No 52/1322 of 15^th December 1952), was however made without any specifications.

In Cameroon’s west of the Mungo, the laws regulating labour matters were those received from Nigeria which was under British colonial rules. Nigerian labour rules and regulations which got incorporated into the former West Cameroon where they based on English labour law for their overseas territory. English labour law was comparatively more liberal than the French labour law in Cameroon law which is essentially libertarian in orientation.

 However, following independence and the subsequent merger of the two Cameroon’s the country enacted “harmonized” labour code? This code (Law No. 67/LF/6 of 12^th June 1967) became the exclusive legislation for the management of labour issues in the country. The 1967 code which is substantially French in character was subsequently revised in 1974 and 1992. It is apparent that in spite of these revisions, the present labour code which is Law No 82/007 of 14^th August 1992 remains essentially a product of the 1967 legislation. In spite of what has been said here, it must be acknowledged that our law of employment sounds in contract. Although, its nucleus is found in foreign laws, the labour code remains an autonomous indigenous legislation. While foreign precedent may provide guidance in the interpretation of its provisions, there is in principle and practice no basis to rely in any previous abrogated colonial law in determining worker’s rights. It was for this reason that the Supreme Court reversed a court of Appeal’s decision which relied on the French overseas labour code in determining the case of the Parties in Society DesDragages v. Nyamney Paul Lotis.[6]

 1.2 STATEMENT OF THE PROBLEM

In contract of employment, the employer and the employee enter into it voluntarily. The beginning of the contract is good as they both enjoy the good relationship. However, most contract of employment in Cameroon always end up with disagreement between the employer and the employee. This always leads to unjustifiable dismissal of the employee. This is a cause of concern in the area of employment contract.

As afore mentioned above, disagreement between the employer and the employee is inevitable. This explains why workers in private sectors always go on strike and however, most employees faced with disputes with their employers do not go about bringing an action against the employer. This can be explained by the fact that employers (companies) have lawyers but employees may find it difficult to seek legal advice on how to channel a labour disputes. Thus in this research, the researcher will clearly state the procedure to be followed in other to resolve a labour dispute between an employer and an employee.

1.3 RESEARCH QUESTIONS

Research question is divided into two as seen below;

1.3.1 Main Research Question

 How are labour disputes settled in Cameroon?

1.3.2 Specific Research Questions

• What is the concept of labour dispute in Cameroon?
• What are the mechanisms for the settlement of labour disputes in Cameroon?
• What are the challenges faced in the settlement of labourdisputes?
• What policy recommendations can be made to address disputes raised?

1.4. RESEARCH OBJECTIVES

1.4.1 General Research Objectives

The general objective of this research is to critically examine the settlement of labour disputes in Cameroon.

1.4.2 Specific Research objectives

Specific objectives include:

• To analyze the concept of labour disputes in Cameron
• To examine the mechanisms for the settlement of labour disputes
• To examine the challenges faced in the settlement of labour disputes
• To bring out the policy recommendations that can be used to address these disputes

[1] Michael AkomayeYanou, Labour, Law Principles and Practice in CameroonLangaa RPCIG: 2011,p1.

[2]J.Roper, Labour Problems in West Africa London Penguin 1958:p12.

[3]E.AnyandeleHistorical Studies of Labour Frank Cass 1979:70.

[4]M.A FadipeThe Sociology of the Yorubas Ibadan University Press 1970:151.

[5] The practice which is still prevalent I rural communities in the country has evolved to the popular “two party” system of work common in cocoa and coffee farming.

[6] Appeal No 70 of 17^th May 1973.