Examination of the Laws and Procedures for the Regulation of Trade Disputes in Nigeria (Law)
Chapter One
Preamble of the 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 occurs without resort to strike, however they are equally as disruptive as cessation of work.[1]
CHAPTER TWO
NATURE, DEFINATION AND HISTORY OF TRADE DISPUTE IN NIGERIA
Introduction
According to the Black’s Law Dictionary a trade dispute is defined as “ a dispute between an employer and employee over pay, working conditions or other employment related maters”
The Act has defined trade dispute as any dispute between employers and workers/workers, which is connected with the employment or non-employment or the terms of employment and physical condition of work of any person.
Meaning and Nature of Trade Dispute
In National Union of Road Transport Workers v. Ogbodo.5 It was stated by Justice Niki Tobi (JCA) that in the context of section 47 (1) of the Trade Dispute Act, 1976, the phrase “trade dispute” conveys the element of disagreement, which must affect trade, meaning and occupation of employment, as a means of procuring livelihood.[1]
A trade dispute may be in contemplation or may have already been in existence. I t is contemplated when the dispute is impending or likely to occur or on the other hand, a trade dispute may exist whenever there is a difference between the parties.
It must be noted that not every dispute that affects labor can be termed trade dispute. In N.N.B Oshoh, it was held that before a dispute can ne declared a trade dispute, these essentials must be present.
- There must be a dispute
- The dispute must involve a trade and it must be between employers/worker or workers and workers.
- The dispute must be connected with the employment or non-employment or terms of employment or physical conditions of work of any person.
In view of the above, it shows that there are three basic ingredients that constitutes trade dispute. These are the subject matter, the parties and the purpose.
Subject Matter of Trade Dispute
The subject matter of a trade dispute is three dimensional matters, for example, it must be connected with the employment or non-employment, of the workers or the terms of employment and the physical conditions of work of any person.
CHAPTER THREE
MECHANISM FOR THE TRADE DISPUTE RESOLUTION
INTRODUCTION
The Act is divided into ix (6) parts but the procedures for setting trade disputes are set out in part one to four. For a dispute to qualify for redress under the Act, it most satisfy the requirement remunerated in N.U.R.T. W v. Ogbodo22[1] and NNB Plc v. Osoh23. Moreso, before parties can take benefit of the facilities provided for under the Act there must be a collective agreement which must have been deposited in the ministry.24 Failure to deposit is a criminal offence. It is however noted that a dispute need not go though all the resolution process if settlement is effected at an early stage.
The following are the procedures for trade dispute resolution:
- self-help process
- mediation
- conciliation
- the industrial arbitration panel
- the national industrial court
- the board of inquiry
Another body to be examined in relation to trade dispute settlement is the minister. The Act confers power on him to direct the parties towards a resolution when he apprehends a dispute. Generally, he is responsible for the administration of the act and the management of trade disputes.
CHAPTER FOUR
AN APPRAISAL OF THE NEW LEGISLATION AND TITLE ROLE OF COURTS
INTRODUCTION
Industrial disputes are bound to occur between employees and employers the problems which often arises is the settlement of such disputes. Failure of settlement efforts often aggravates the disputes resulting in strikes which sometimes further degenerated into chaos and anarchy. When this happens, it does so at the expense of the socio-economic stability of the nation. One of the best, if not the best way of settling these disputes is the option of settlement though the court system. In Nigeria, the National Industrial Court was established to adjudicate on disputes emanating from industrial relations/labour matters and ensure that there is a solution to them. The major advantage of judicial settlement is that it is final and guarantees peaceful industrial growth.
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
CONCLUSION
In recap, the commentator of this paper has attempted to state the trade disputes resolution mechanisms put in place in Nigeria by the TDA (as amended by the TDA of 1992) and the National Industrial Court Act. The commentator has also endeavoured to state or espouse the role of the judiciary in ensuring industrial harmony in Nigeria through judicious appraisal of the relevant laws, rules of court in the consideration of various labour matters before the Court. This comment on the National Industrial Court Act particularly has brought out the relevance, importance and sensitive impact of the Act on the Nigerian economy through judicial pronouncements that ensure industrial harmony.
Trade disputes will always occur, hence, there is a need for a functional dispute resolution mechanism which is acceptable and just to all disputants. In the absence of such a mechanism there is breakdown of law
and order and the macro-economy of the nation suffers and security also breaks down. The National Industrial Court of Nigeria has been put in place to effectively enhance the Nigerian Dispute Resolution Mechanism and it is so far doing fine. A correction of the errors in the Act setting up the Court will further aid its work thereby bringing about the much needed stability of the country’s economy.
RECOMMENDATIONS
The full integration of the National Industrial Court into the structure of the judiciary by entrenching it in the 1999 Constitution. This will entail the following constitutional amendments –
(a) Section 6(5) of the 1999 Constitution to include National Industrial Court as a Court of Superior Record;
(b) Section 84 of the 1999 Constitution to include the President and Judges of the National Industrial Court as Constitutional Office holders for purposes of salaries, emoluments and other allowances;
(c) Part IV (Supplemental) of the 1999 Constitution to appropriately include the National Industrial Court in Sections 289, 290, 291 and 292;
(d) To include the President of the National Industrial Court in Paragraph (E), Section (12) of the Third Schedule as members of the Federal Judicial Service Commission (FJSC);
(e) To include the President of the National Industrial Court in Section 13
(a) vii (f) To include the Judges of the National Industrial Court in Section 13 (a) viii; To streamline the appointment of the President and Judges of the National Industrial Court under one single process unlike the current dual processes where the President and Judges are separately appointed by two different processes as rightly stated by His Lordship, the Chief Justice of Nigeria 77[1].
I further recommend that if the office of the President of the court is vacant or if the person holding the office is disabled to perform the functions of the office, then, until a person is appointed to and assumes the functions of that office or until the person holding the office has resumed those functions, the President may appoint the most senior legally qualified Judge of the National Industrial Court to perform those functions.
In my view, the prospects of industrial relations are very prominent in Nigeria. However, there are challenges ahead for the National Industrial Court to impact more in the administration of Justice in a developing economy like ours. The following must be carefully and more seriously attended to;
(a) There is the need to have updated works on labour/ employment / industrial relations, law and practice. Now that the
National Industrial Court Act 2006 is on ground, it is left to the academicians to rise up to the occasion by writing books that will be explicit on the various laws relating to labour, employment and industrial relations and by examining various pronouncements on same with a view to making their intellectual input.
(b) Law lecturers will do the profession a great deal of good if law students could be encouraged the more to appreciate the importance of labour/employment/Industrial relations law in the development and growth of any nation like ours.
(c) Members of the Bar, that is the Legal practitioners who have decided to practice labour/employment/Industrial relations law should always endeavour to contribute more to the system as ministers in the temple of justice. This could be done through their well researched and erudite presentation of their cases and qualitative submissions made before the court.
(d) There are few faculties of Law in our universities that actually teach labour/employment/Industrial relations Law. The Senate of our universities in Nigeria should ensure the inclusion of these subjects into the curricula. Students should be encouraged to offer these subjects as core courses rather than as mere elective courses.
(e) Trade Unionists should show more interest in educating their members about all most recent laws that are relevant to industrial relations, labour and conditions of work generally.
(f) Employers of labour should be interested in the development and growth of Labour/employment/Industrial relations law procedure in Nigeria.
(g) All role players in Industrial relations should be involved in serious research into the best way in resolving trade disputes without necessarily going through the rigours of litigation.
(h) The Council of Legal Education is called upon to include practice and procedure in the National Industrial Court in their syllabus. The Council should ensure that the courses are taught in all their campuses and questions set for students to answer as it is the case in all other subjects.
(i) Members of the public should be properly sensitized and educated on the need to have cordial and conducive atmosphere for industrial relations to exist so that at the end of the day we will have economic prosperity.
If the above can be seriously looked into, there will be a promising future for the law practice of industrial relations in the country. This will place the court on a better footing to impact more positively in the administration of justice in a developing economy like Nigeria.
BIBLOGRAPHY
ARTICLES IN JOURNALS
- Adeogun A.A, ‘Towards a Better System of Trade Dispute’ (1972) Nigeria Law Journal
- Akanbi M.M.O, ‘An Appraisal of The Machinery for The Settlement of Trade Dispute in Nigeria: Problems and Challenges’ (2001) Journal of Law and Social Sciences
- Uche Obiorah, Esq, ‘Jurisdiction of the National Industrial Court’ http:// iolalaw.com/jurisdictionbody.html accessed on 15 February2011
- Terence Terfa VEMBE Esq, ‘The National Industrial Court As a Tool For the Enhancement of the Nigerian Industrial Dispute Resolution System’ http://searchwarp.com/swa335159.html accessed on 15 February 2011
- Emiola A, Nigeria Labour Law (Ibadan University Press 1982)
- Okene O.V.C, The Legal Regulation of Strikes in Nigeria (Finance and Investment Law 2001)
- Uvieghara E.E, Trade Unions Law in Nigeria (University of Lagos Press)
- Okene O.V.C, The Status of the Right to Strike in Nigeria: A Perspectivefrom International and Comparative Law (Finance and Investment Law 2007)