Home Project-material AN EXAMINATION OF LAWS AND PROCEDURES REGULATING TRADE DISPUTE IN NIGERIA

AN EXAMINATION OF LAWS AND PROCEDURES REGULATING TRADE DISPUTE IN NIGERIA

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Abstract

The major problem in the Nigeria Labour System has been and still remains the incessant strikes by workers. Strike as distasteful as it is, performs various useful functions, for example when it is properly used, it can force management to concede to the demands of the workers. In spite of its usefulness in the employer-employee’s relationship, it imposes costs on the two sides and on the economy as a whole. How has the government responded to the problem of industrial action which has adversely affected the economy of the country? In 1976, the Trade Dispute Act was promulgated to manage and regulate trade dispute matters in Nigeria. The aim of the Act was to promote industrial peace and harmony in the country. Unfortunately, the incidence of trade disputes in Nigeria is still alarming. This problem brings to fore the question whether the Trade Dispute Act has been able to meet up to expectations. This work therefore desires to find out the positive law relating to t

1.0.0:  INTRODUCTION TO STUDY

 

 

Industrial harmony is very important both at the public and private sectors because of the negative impact of disputes in the labour sector. Trade dispute, when it occurs could be a very serious issue especially when it is allowed to degenerate into an industrial action. Few trade disputes get reported but the ones that are recorded help the government to get a proper analysis for the evaluation and policy purposes. Though quite a large number of disputes occur without resort to strike, however they are equally as disruptive as cessation of work.

 

Since government is the largest employer of labour, it has from time to time enacted different laws curb to the incidence of trade disputes between employers and their workers in Nigeria.

 

Trade dispute has been defined by the Act as any disagreement between employers and workers, workers and workers which is connected to the employment, non employment or terms of employment or physical

 

 

 

 

 

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condition of work of any person

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. It must be noted that before any dispute can be termed a trade dispute, there must be in existence proper parties and the subject matter must be related to the employment, non employment or terms of employment or physical condition of work of any person

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.

 

This shows that the parties and subject of a trade dispute must be clearly defined in order to fully understand what kind of dispute constitutes a trade dispute. The first attempt made by the government to regulate trade dispute was the Trade Disputes (Arbitration and Inquiry) (Lagos) Ordinance, 1941

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 and Trade Dispute (Arbitration and Inquiry) (Federal Application) Ordinance, 1957

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. However, these attempts turned out to be unsuccessful because of some defects in them which eventually shorten their life span and new legislation were enacted, these are the Trade Dispute (Emergency Provisions) Decree of 1968

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 and the Trade Dispute (Emergency Provisions) (Amendment) (Decree No 2) of 1969

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.

 

These two Decrees were enacted to correct the defects in the first two ordinances they were effective in some aspect but they were designated to

  • Trade Dispute Act 1978 S.47 (1)

 

  • NNB V. Osoh (2001) 3 NWLR (729)

 

  • Ordinance No. 32 of 1942 Cap 201 LFN !958

 

  • Ordinance No. 46 of 1957

 

  • Decree No. 21 of 1968

 

  • Decree No. 53 of 1969

 

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last for a short time

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. The Decree had some inherent defects which were to be regulated by the Trade Dispute Act, 1976 which till today remains the major machinery for the settlement of trade disputes and its amendment the Trade Dispute (Amendment) Decree No. 47 of 1992

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.

 

The Trade Dispute Act, 1976 has provided different procedures for setting trade disputes when they occur, the Act provides for ways in which the parties may attempt the settlement themselves and ways in which a 3

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 party may be appointed to help in the settlement processes. It also provides for ways in which the parties may take the dispute to the court for proper adjudication.

 

Examination of the laws and procedures for the regulation of trade disputes is the focus of this study and recommendations made where necessary for a better way of resolving trade disputes.

 

 

 

 

 

 

 

 

1.1.0:  BACKGROUND TO THE STUDY

 

 

 

 

 

  • Because they were a temporary war time measures which outlived its usefulness with the cessation of hostilities

 

  • M.O Akanbi (2001) JLSS Vol.1 No.1, pg 69

 

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In any ideal industrial relations, great emphasis is placed on the attainment of industrial harmony in order to create a conducive environment for the realization of individual and organization goals and objectives. However, it would appear that conflict is a common phenomenon in any human setting and when it exists, it creates human and industrial problems, which adversely affect the attainment of industrial peace.

 

Since conflict in any work situation is almost inevitable because as labour and management relates, there are bound to be frictions which results from differences in interest and aspirations as both the employer and employee most times have divergent interest on issues touching on wages, conditions of work, terms of employment e.t.c and resolving these dispute requires compromise, concession and a game of give and take between disputing parties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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1.2.0:  AIMS AND OBJECTIVES

 

 

This work is intended to make an analysis of the Trade dispute resolution Mechanism of the Trade Dispute Act 1990 as well as a comparative study of Trade Dispute Decree 1992 alongside the constitution. Subsequently, an examination into the defects that has rendered the law ineffective will be made and thereafter to profer solution with a view to improving the machinery for Trade dispute resolution.

 

The study looks into the issue of whether National Industrial Court is a superior Court of Record or not.

 

It looks at the new position of law concerning the jurisdiction of the National Industrial Court on Trade dispute matters.

 

The main aim of the study is to undertake an assessment of the law as it related to the settlement of trade disputes in Nigeria and proffer solutions where necessary for a more effective means of settling trade dispute.

 

 

 

 

 

 

 

1.3.0:  DEFINATION OF TERMS

 

 

 

 

 

 

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“Trade Dispute” is any disagreement between employers and workers,worker and workers which is connected to the employment, non employment or terms of employment or physical condition of work of any

person

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.

 

 

“Strike” has been defined by the Act as the cessation of work by a bodyof employed persons acting in combination, or by concerted refusal under a common understanding of any number of employed persons to continue to work for an employer in consequence of a dispute, done as means of competing with their employers or any person or body of persons employed, to aid other workers in compelling their employer or any person or body of employed persons to accept or not to accept terms of employment and physical condition of work

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.

 

In Tramp shipping corporation V. Greewich Marine Inc.

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 “The Court of Appeal in United Kingdom adopted the following definition of strike:

 

‘ a concerted stoppage of work by men done…. With a view to improve their wages or condition of employment, or giving vent to a grievance or making a protest about something or others supporting or sympathizing with other workmen in such endeavour’

 

 

 

 

  • Op cit Note 1

 

  • ibid

 

  • (1975) 2 All E.R 989

 

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This definition accords with the definition under the Trade Dispute Act, 1976

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.

 

Refusal to continue to work includes a refusal to work at usual speed and efficiency.

 

“Lockout” is an action in which employees physically “takeover” thecompany premises either by locking out the management staff, thus denying them access to a exit from the premises

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.

 

It is also defined by the Act as ‘the closing of a place of work or, the suspension of

 

work, or the refusal by an employer to continue to employ any number of persons employed by him, in consequence of a dispute with a view to compelling the workers to

accept terms of employment’

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.

 

 

“Collective Bargaining” has been defined as the process of arriving orattempting to arrive at a collective agreement

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.

 

Collective  Agreement  ‘is  any  agreement  in  writing,  relating  to  the  terms  of

 

employment and physical condition of work, between an employer, group of employers

 

 

 

 

 

 

 

  • ibid S. 37

 

  • My Industrial Law Lecture note (2008)

 

  • Op cit note 1 S.37 (1)

 

  • Labour Act, 1974 S. 90 (1)

 

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or one or more organization representing the employers on one part and one or more

 

organization representing the workers, on the other hand’.

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In this work, unless the context requires otherwise, the following expression have the meaning assigned to them here under:-

 

“Party” means any of the parties to trade dispute or any of the parties to atrade matter lying before a court of N.I.C.

 

“N.I.C” means the National Industrial Court

 

 

“I.A.P.” Means Industrial Arbitration panel

 

 

“The Tribunal” Means the Industrial Arbitration Tribunal

 

 

“Court”  Means  the  conventional  court  listed  in  section  6  (5)  1999

 

constitution.

 

 

The Decree” Means the Trade Dispute (Amendment) Decree No 47 of 1992

 

Laws” means the laws regulating trade dispute in Nigeria as covered in this book.

 

The Act” Means the Trade Dispute Act, Cap 432, LFN 1990

 

 

“Dispute” Means trade Dispute

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 ibid S. 37 (1)

 

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“Minister” Means the Minister for employment labour and productivityof the Federation.

 

“Condition of Work” Means the physical condition under which aworkman, works such as appertain to matters of Safety and physical comfort at the place of work.

 

“Terms of Employment” Means all matters covered by the contract of

 

employment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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1.4.0:  SCOPE OF STUDY

 

 

Conceptually, this work also covers, although in passing and on restricted discussion the other alternative resorts to the settlement of trade dispute i.e. strikes and lock-outs as effects of trade disputes.

 

This essay will cover the provisions of the Trade Dispute Act, 1990, particularly its trade dispute resolution machinery. The Trade Dispute Decree, 1992 and the constitution of the Federal Republic of Nigeria 1999 are also covered in this work, principally these are the laws regulating trade dispute resolution in Nigeria. The Labour Act, 1990

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 and the Trade Union Act, 1990

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 are also covered only to the extent of their reference to trade dispute.

 

 

 

 

1.5.0:  LITERATURE REVIEW

 

 

There are few Nigeria text books on labour law. Besides that most of the available texts were published before the current trade dispute issues evolved, hence, this particular area of study did not lay reliance on the knowledge contained in those books.

  • Cap 198, LFN, 1990

 

  • Cap 437, LFN, 1990

 

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However, the few scholars whose books touched on this topic will have

 

their books referred to and examined in this book. These scholars include:

 

 

  1. AKANBI M. M. O: In his book “An Appraisal of the machineryfor the settlement of trade dispute in Nigeria: problems and challenges” where he explained in details the basic mechanism for the settlement of trade dispute and the problems and challenges the mechanisms are facing. The book is comprehensive on trade dispute settlement and it is of great importance to this essay.

 

  1. EMIOLA A: In his book “Nigeria Labour Law” laid emphasis onthe law regulating trade dispute in Nigeria and how industrial harmony can be achieved. The book covers extensively the Trade dispute Act of 1976.

 

  1. UNIEGHARA E.E: In his book “Trade Union Law in Nigeria”discussed the relationship between employers and employees, and the laws and procedures guiding trade union. It also states various Alternative Dispute Resolution that can be employed to resolve industrial dispute.

 

  1. OLADOSU :  “Nigeria  Labour  and  Employment  Law  in

 

Perspective”  provides  a  comprehensive  analysis  of  the  laws

 

 

 

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regulating  Nigeria  labour  law  by  focusing  more  on  the  Trade

 

Disputes (Amendment) Decree No 47 of 1992.

 

 

  1. OKENE O.V.C.: “The Legal Resolution of strikes in Nigeria: Acritical Appraisal” discussed extensively the effect of strike, ways of resolving industrial dispute and the various legal methods of resolving strikes in Nigeria.

 

  1. FASOYIN T: In his book “Industrial Relation in Nigeria” also laidmore emphasis on industrial harmony which will help immensely in the treatment of this study.

 

  1. OLORUNFUNMI A. SONUBI: “Labour Aspect of NationalDevelopment. A study of Government Labour Policy in Nigeria” laid emphasis on the effect of industrial harmony to national development and the detrimental effect of strike on the economy.

 

Importantly, the hand-out and lecture note on Industrial Law prepared by Barrister (Mrs) Akanbi Esq. for law students of the University of Ilorin.

 

Journals, case law and Nigerian statutes are also available for reference in this work.

 

 

 

 

 

 

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1.6.0:   METHODOLOGY

 

 

In this study, extensive research, analytical study, discussions and wide range of intellectual material will be employed in order that an accurate and conclusive paper will be presented at the end of this work.

 

In view of this both primary and secondary sources of law which includes the constitution, Laws of the Federation, Decrees, Articles, Lecture notes and other relevant materials like Judicial precedents by reviewing cases from law reports in relation to statutory provisions.

 

 

 

 

1.7.0:  CONCLUSION

 

 

In every legal system there exist an avenue for recognizing what law have lost validity or have become inadequate or have lost consonance with the contemporary life of that particular system, and as such certain bodies or agencies are established and saddled with the task of reforming the system’s laws.

 

The significance of this study therefore is, to examine the laws and procedure regulation trade dispute in relation to the current labour issues in Nigeria, to make proposition for reform on how the trade dispute system can be improved upon where it is found at the end of this study that

 

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defects exist in these laws. The target being a harmonization of these laws such that a new effective law will evolve for the management of trade disputes in Nigeria.



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