CHAPTER 1
GENERAL INTRODUCTION
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
condition of work of any person[1].
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[2].
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[3]
and Trade Dispute (Arbitration and Inquiry) (Federal Application) Ordinance,
1957[4].
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[5]
and the Trade Dispute (Emergency Provisions) (Amendment) (Decree No 2) of 1969[6].
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 last for a short time[7].
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[8].
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 3rd 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
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.
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
“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[9].
“Strike” has
been defined by the Act as the cessation of work by a body of 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[10].
In Tramp shipping
corporation V. Greewich Marine Inc.[11]
“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’
This definition accords with the definition under the Trade
Dispute Act, 1976[12].
Refusal to continue to work
includes a refusal to work at usual speed and efficiency.
“Lockout” is an
action in which employees physically “takeover” the company premises either by
locking out the management staff, thus denying them access to a exit from the
premises[13].
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’[14].
“Collective
Bargaining” has been defined as the process of arriving or attempting to
arrive at a collective agreement[15].
Collective Agreement ‘is any agreement in writing, relating to the terms of
employment and physical condition of work, between an employer, group of
employers or one or more organization representing the employers on one part
and one or more organization representing the workers, on the other hand’.[16]
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 a trade 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
“Minister” Means the Minister for employment labour and
productivity of the Federation.
“Condition of Work” Means the physical condition under which a
workman, works such as appertain to matters of Safety and physical comfort at
the place of work.