ABSTRACT
The major problem in the Nigeria Labour System has been and still remains the incessant strikes by workers. Strike as distasteful as it is, performs various useful functions, for example when it is properly used, it can force management to concede to the demands of the workers. In spite of its usefulness in the employer-employee’s relationship, it imposes costs on the two sides and on the economy as a whole.
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How has the government responded to the problem of industrial action which has adversely affected the economy of the country? In 1976, the Trade Dispute Act was promulgated to manage and regulate trade dispute matters in Nigeria.
The aim of the Act was to promote industrial peace and harmony in the country. Unfortunately, the incidence of trade disputes in Nigeria is still alarming. This problem brings to fore the question whether the Trade Dispute Act has been able to meet up to expectations.
This work therefore desires to find out the positive law relating to trade disputes and settlement processes. The paper examines the Trade Dispute Act, 1976 and its provisions for trade dispute settlement. It also finds out whether the Trade Dispute (Amendment) Decree No 47 of 1992, has made things easier.
It also examines the jurisdiction of the National Industrial Court and the new provision under the National Industrial Court Act, 2006.
All these are the issues that are pertinent and are discussed in the course of this work.
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 person1. 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 person2.
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, 19413 and Trade Dispute (Arbitration and Inquiry) (Federal Application) Ordinance, 19574.
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 19685 and the Trade Dispute (Emergency Provisions) (Amendment) (Decree No 2) of 19696.
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
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