An Examination Of Laws And Procedures Regulating Trade Dispute In Nigeria

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.

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.

COVER PAGE

CERTIFICATION PAGE

ABSTRACT

TABLE OF CONTENTS

DEDICATION

ACKNOWLEDGEMENT

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBRREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0:   INTRODUCTION

1.1.0:   BACKGROUND TO THE STUDY

1.2.0:   OBJECTIVE OF THE STUDY

1.3.0:DEFINITION OF TERM

1.4.0:   SCOPE OF THE STUDY

1.5.0LITERATURE REVIEW

1.6.0:METHODOLOGY

1.7.0:   CONCLUSION

CHAPTER 2

NATURE, DEFINATION AND HISTORY OF TRADE DISPUTES IN NIGERIA

2.0.0:  INTRODUCTION

2.1.0:  MEANING AND NATURE OF TRADE DISPUTE

2.1.1: SUBJECT MATTER OF TRADE DISPUTE

2.1.2:  PARTIES TO A TRADE DISPUTE

2.1.3:  PURPOSE OF TRADE DISPUTE

2.2.0:  HISTORY OF TRADE DISPUTE

2.3.0:  THE RIGHTS AND OBLIGATIONS OF EMPLOYERS AND EMPLOYEES UNDER THE TRADE DISPUTE ACT, CAP 432 LFN 1990

2.3.1:  RIGHTS AND OBLIGATIONS OF THE PARTIES

2.4.0:  INHERENT DEFECTS IN THE TRADE DISPUTE LAWS

2.4.1:  DEFECTS IN THE 1941-1969 LAWS

2.4.2:  DEFECTS IN THE PROCEDURES FOR TRADE DISPUTE REDOLUTION UNDER THE TRADE DISPUTE ACT 1990

2.5.0:   CONCLUSION

 

CHAPTER 3

MECHANISM FOR TRADE DISPUTE RESOLUTION

3.0.0:  INTRODUCTION

3.1.0: SELF HELP

3.2.0:MEDIATION

3.3.0:CONCILIATION

3.4.0:INDUSTRIAL ARBITRATION PANEL

3.5.0:NATIONAL INDUSTRIAL COURT

3.6.0:BOARD OF INQUIRY

3.7.0:CONCLUSION

 

CHAPTER 4

AN APPRAISAL OF NEW LEGISLATION AND ROLE OF COURTS

4.0.0: INTRODUCTION

4.1.0: THE TRADE DISPUTE (AMENDMENT) DECREE OF 1992

4.2.0:  THE EFFECT OF 1999 CONSTITUTION

4.3.0:  THE POSITIONS OF THE COURT

4.3.1:  THE JURISDICTION OF THE NATIONAL INDUSTRIAL COURT

ON LABOUR MATTERS – WHETHER EXCLUSIVE

4.3.2:  THE TRADE DISPUTE ACT, CAP 432 LFN, 1990

4.3.3:  THE TRADE DISPUTE (AMENDMENT) DECREE, NO 47, 1992

4.3.4:WHAT IS THE CONSTITUTIONALITY OF THE EXCLUSIVE JURISDICTION GIVEN TO THE NATIONAL INDUSTRIAL COURT UNDER THE TRADE DISPUTE ACT AS AMENDED BY

DECREE 47 OF 1992?

4.3.5:  THE NATIONAL INDUSTRIAL COURT ACT, 2006

4.4.0:COURT JURISDICTION, POWERS AND LIMITATIONS

4.4.1:ORIGINAL JURISDICTION

4.4.2:  APPELLATE JURISDICTION OF THE COURT

4.3.0:  CONCLUSION

CHAPTER 5

CONCLUSION AND RECOMMENDATION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

BIBLOGRAPHY