INDUSTRIAL CONFLICTS AND PROCEDURES FOR THEIR SETTLEMENT IN NIGERIA

Industrial relations everywhere is an area of co-operation, conflict and settlement of conflict.

CHAMAN LAW FIRM

5/26/2022 2 min read

INDUSTRIAL CONFLICTS AND PROCEDURES FOR THEIR SETTLEMENT IN NIGERIA

Some form of conflict or disagreement that exists in any organisation occur as a result of inequality and conflicting interest. Industrial relations everywhere is an area of co-operation, conflict and settlement of conflict. Co-operation derives mainly from the realization of the legitimate expectations of parties while conflict result mainly from frustration of expectation of the parties.

CAUSES OF INDUSTRIAL DISPUTES

Obikoya (1996) in his opinion gave the major causes of industrial conflict to include the following:

  • Poor condition of service symbolized by in equitable salaries, wages and fringe benefits, unconducive working environment, lack of or inadequate package for workers such as housing, transportation, medical services to mention a few.

  • Failure on the part of management to implement in full the terms of agreement arising from collective bargaining on non-implementation of terms and agreement. Delay in payment of workers salaries allowance as at when due. Teachers in this country are usually the victims of such circumstance, it is either that salaries are delayed for month or the allowances due to them are unduly suspended or not paid at all.

  • Management neglect or non-involvement of unions in vital decision that affects their fortunes. For example, is management’s decision that affecting changes in the workers hours of works, retirement age, overtime pay union and so on.

  • Working without proper tools, materials, facilities and efficient job performance.

  • Illegal dismissal, irregular promotion, vindictive transfer, underserved demotion, persecution of labour leaders and union executives and in human treatment of workers especially junior employees, are among the cause of industrial actions in the country.

THE STATUTORY OR EXTERNAL MACHINERY OF SETTLING DISPUTE

  • MEDIATION

Under the Trade Dispute Act, parties to trade dispute are obliged to meet within 7 days of the existence of the trade dispute either together by themselves or their representative under the chairmanship of a mediator, mutually agreed upon and appointed by or on behalf of the parties with a view to an amicable settlement of the conflict. In case of failure to reach an agreement, any of the parties intending to pursue the matter further required to declare to trade dispute and notify in writing to the Federal Ministers of employment, labour and productivity within 7 days, failure to resolve the dispute through mediation. This method is the last sued in the settlement of trade disputed in Nigeria.

  • CONCILIATION

The Federal Ministry of Employment, labour and productivity may appoint conciliation for the purpose of effecting a settlement of the dispute. In the event of a total failure of mediation.

The conciliator shall enquire into the causes and circumstances of the disputes and by negotiation with the parties endeavour to being about settlement. If settlement of the dispute is reached within 7days of his appointment, the conciliator shall forward a memorandum of the terms of the settlement signed by the representative of the parties to the minister as from the data when the memorandum is sent or such date as may be specified therein shall be binding on the employers and workers to whom those term apply. If the conciliator fails to effect a settlement within 7days of his appointment, he shall report the situation to the minister within 3days.

  • INDUSTRIAL ARBITRATION PANEL

Another course of action which the minister may take apart from the reference to a conciliator is to refer the dispute to the board of enquiry or Industrial Arbitration Panel (IAP). Unlike the ordinary civil court where litigants can go directly, all trade disputes/conflicts came before the panel under referral by the Federal Minister of Employment, labour and productivity.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

TEL: 08065553671, 08024230080