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Examination of the laws and procedures for the regulation of trade disputes in Nigeria (Law


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Examination of the laws and procedures for the regulation of trade disputes in Nigeria (Law)

 CHAPTER ONE

1.0 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 occurs without resort to strike, however they are equally as disruptive as cessation of work.[1]

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

[2]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.  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 person23[3].

1.3              Definition of terms

"Trade Dispute" is any disagreement between employers and workers or worker and workers which is connected to the employment, non employment or terms of employment or physical condition of work of any person.4[5]

"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

          In Tramp shipping corporation v. Greewish marine Inc. "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. Refusal to continue to work include 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 exit from the premises.

          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".

"Collective bargaining" has been defined as the process of arriving or attempting to arrive at a collective agreement.

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.

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

"Party" mean any parties to trade dispute or any of the parties to a trade matter lying before a court or N.I.C.

"N.I.C" means the National Industrial Court.

"I.A.P." Means Industrial Arbitration Panel,

"The Tribunal" means the industrialarbitration 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 disputes in Nigeria as covered in this book.

"The Act" Means the Trade Dispute Act, Cap 432, LFN 1990.

"Dispute" means Trade Dispute

"Minister" mean the minister for employment labout 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.


[1]  Trade Dispute Act 1978 S.47 (1)

2 NNB V. Osoh (2001) 3 NWLR (729)

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

 4  Ordinance No. 46 of 1957

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