THE WAYS AND MANNER IN WHICH DISPUTE ARISING FROM EMPLOYMENT AND TRADE UNION ACTIVITIES ARE SETTLED

THE WAYS AND MANNER IN WHICH DISPUTE ARISING FROM EMPLOYMENT AND TRADE UNION ACTIVITIES ARE SETTLED

Conflicts and complaints are an unavoidable element of working relationships. By establishing a mechanism for the efficient prevention and resolution of labour disputes, public policy seeks to control conflict and advance healthy labour relations.

S. 47 (1) Trade Disputes Act 2004 defines trade dispute as “Any dispute between employer and workers or between workers and workers which is connected with the employment or non-employment or the form of employment and physical condition of work of any person”. Accordingly, whenever a difference exist between the parties, that is, employers and workers or workers and workers, in regard to “the employment or non-employment,or the terms of employment and physical conditions of work or any person”, then a trade dispute exists.

Thus, for a dispute to qualify as trade dispute, the predominant purpose of the dispute must be to promote trade union interest and this remains a question of fact in every case resting the burden of proof on the party alleging the existence of a trade dispute. To qualify as a trade dispute, the purpose must be:

• Legitimate and

• In furtherance of the lawful interest of the workers.

• The dispute must be a present one, not a contemplated or anticipated dispute.

There are various approaches to conflict resolution, and legal action is not always necessary to settle labour conflicts. Conflicts between superiors and subordinates can start at any time. The majority of disputes are resolved amicably. In any case, you should see a lawyer to resolve any disputes that may emerge.

There are four ways of resolving trade disputes under the Trade Dispute Act. These are:-

• Resolution by the parties themselves

• Resolution by a conciliator

• Resolution by arbitration, and

• Resolution by court.

RESOLUTION BY THE PARTIES THEMSELVES

The provisions of the act is such that the employer and the tradeunion are expected and encouraged to always resolve for themselves whatever trade dispute that may arise between them. The parties are therefore free to negotiate a collective agreement that specifies how they will resolve disagreements.

However, the Act stipulates that the parties should "meet together by themselves or their representatives, under the presidency of a mediator mutually agreed upon and appointed by or on behalf of the parties with a view to amicable settlement of the dispute," if the collective agreement does not contain a settlement provision or if one exists but the parties are unable to come to an agreement.

RESOLUTION BY A CONCILIATOR

The minister may use his discretion to name a conciliator in one of two situations: first, when he does so without first giving the parties a chance to resolve their differences amicably. The second, is where the parties could not resolve the dispute themselves or through their mutual mediator,then the appointment of a conciliator may become necessary. The conciliator must be a fit person whose duty is to effect a settlement of the dispute between the parties.

Section 41(1) of the Act 19 provides the conciliation body shall acquaint itself with details of the case and procure such other information, as it may be required for the purpose of settling the dispute. The conciliation body must create and sign a record of settlements if the parties accept their conditions. 20 The conditions of the settlement, which have been signed by the representatives of the parties, will then be forwarded by the conciliator to the minister. The decision made will be enforceable as of the date the memorandum is signed. However, the Minister must notify the industrial arbitration panel of the matter for resolution if an agreement cannot be reached and the disagreement is not resolved.

RESOLUTION BY ARBITRATION

An arbitrator is an independent person or body officially appointed to settle dispute that is to say that arbitration is different from going to court and asking the court to enforce a legal claim against someone or against some company, or against the state itself. So arbitration is another way of enforcing a claim. Arbitration is one of the ways and the most polite approach to resolve a dispute. In arbitration, the parties agree to submit their differences to a neutral third party whose decision they will abide by.

Industrial arbitration panel is a statutory arbitration that arises out of a statute which provides that disputes of a particular class are to be settled by arbitration. Section 4 (2)(a) of the Act 28 empowers the Minister to refer the dispute to the Industrial Arbitration Panel(IAP).

RESOLUTION BY THE COURT

The Trade Disputes Decree No. 7 of 1976's section 19(1) provided for the creation of the National Industrial Court on January 1st, 1976. The Trade Disputes Act (TDA) was amended in 1992 by the Trade Disputes (Amendment) Decree No 47 of 1992, which eventually became the Trade Disputes Act (TDA) Cap 432 laws of the Federation 1990. Here the NICA creates a superior court of record which has exclusive jurisdiction in civil causes and matters relating to trade disputes. The new Act stipulates that, in cases of disputes as described in Section 7(1), an appeal may be made from an arbitral Tribunal's rulings to the Court as of right.

The court is the final arbiter of matters within its exclusive jurisdiction, but this is subject to the constitution of the Federal Republic of Nigeria 199959 as amended. However, appeal shall lie as of right of the court of Appeal only on question of fundamental right as contained in chapter IV of the constitution

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