By Jenifatu Yakubu, Esq., AICMC
Introduction:
The third alteration to the 1999 Constitution of the Federal Republic of Nigeria prompted significant changes in labour and employment issues. The said alteration introduced the National Industrial Court and vested same with the jurisdiction to hear and determine issues relating to work and labour problems, profoundly changing the nation’s legal landscape in this arena.
The National Industrial Court came into effect through the Third Alteration Act of 2010 in Section 6 of this transformational law. This provision imparted birth to a new clause- section 254(C) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011), endowing the National Industrial Court with exclusive and unmatched jurisdiction over employment, industrial, and labour disputes.
As a corollary to the above, in the case of First Bank PLC v. Anwana (2016) LPELR-41247(CA), the court emphasized the exclusive jurisdiction of the National Industrial Court to hear and determine matters bordering on employment and labour related issues. This noteworthy step marked an unprecedented shift in the legal landscape, paving the way for a specialised court to negotiate the complexities of employment and labour matters with precision and fairness.
In the subsequent discourse, the article examines the National Industrial Court’s jurisdiction, its role in addressing unfair labour practices, the incorporation of international best practices, and its delicate balancing act between global standards and Nigerian realities.
Understanding the Jurisdiction of the National Industrial Court:
The National Industrial Court’s jurisdiction, as outlined in Section 254C of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011), is a testament to its significance in the realm of employment and labor. The court’s purview extends far and wide to:
- Labor Disputes: It is the bastion for disputes between employees and employers, encompassing issues ranging from wrongful termination to contractual breaches.
- Trade Unions: The court regulates conflicts within trade unions and addresses matters related to collective bargaining agreements.
- Industrial Relations: It fosters harmony in industrial relations, ensuring equitable treatment for all stakeholders.
- Workplace Conditions: The court safeguards the environment and conditions of work, promoting health, safety, and the welfare of the Workforce.
- Strike and Lockouts: It wields the power to intervene in labour unrest, issuing orders to restrain actions that could disrupt workplaces.
- Interpretation of Agreements: The court interprets collective agreements and arbitral tribunal awards, bringing clarity to contractual disputes.
Unfair Labour Practices
Unfair labour practices are the dark underbelly of employment relations, tainting the sanctity of workplaces. These practices encompass actions that defy best practices in the labour sphere and are marked by their unjust, inequitable, oppressive, or unreasonable nature. Unfair labour practices in Nigeria’s context include:
- Discriminatory Termination: Such as firing a female employee due to pregnancy (Maiya v. Incorporated Trustee, Clinton Health Access Initiative Nigeria & Ors(2012) 27 N. L. L. R (Pt. 76) 100 ).
- Withholding Salary: Wrongfully keeping an employee’s wages without valid reasons (Onumajuru Linda v. Eko Corp PLC & OrsUnreported Suit No NICN/LA/63/2020).
- Failure to Issue Contracts: Neglecting to provide employment contracts, leaving workers vulnerable (Section 7 of the Labour Act).
- Retaliation: Adverse actions against employees asserting their rights, like joining
- labour unions.
- Violation of Labour Laws: Breaching laws regarding minimum wage, working hours, and safety standards.
- The list of unfair labour practices is not exhaustive as the court has made several pronouncements on what constitute unfair labour practices and which also depends on the circumstances of the case.
The National Industrial Court’s Role in Addressing and Eliminating Unfair Labour Practices:
- The National Industrial Court is critical in addressing and eliminating unfair labour practises in the Nigerian labour force. As a guardian of justice, this specialised court assumes a wide range of actions to guarantee the sanctity of labour relations. It acts as an independent adjudicator, considering matters involving unfair labour practices and issuing decisions based on labour laws, regulations, and international standards.
- The court acts as an impartial judge, finding resolutions that provide redress and recompense to aggrieved parties. Furthermore, it serves as a precedent-setter, defining what constitutes unfair labour practices in the country. The court acts as a deterrent in demanding conformity to labour rules and international conventions. Most
- Most significantly, it is a vigorous supporter of employee rights, protecting them by resolving infractions and advocating equitable treatment.
International Best Practices in Labor and Employment:
- International best practices in labor and employment represent a global consensus on fairness, equity, and workers’ rights. These practices are culled from diverse sources:
- ILO Conventions and Recommendations: The International Labour Organization (ILO) establishes conventions and recommendations that member states, including Nigeria, can ratify to align with international labour standards.
- Legal Writings: Distinguished jurists in labour law contribute to the body of international best practices.
- Case Laws: Relevant local and foreign case laws provide real-world applications of these practices.
- Evidence of Application: Widespread use by industrially advanced countries worldwide bolsters their credibility.
The Court’s Approach to International Best Practices:
- The National Industrial Court employs international best practices to uphold fairness and equity. It integrates these practices into its decisions thus:
- Guided by Fairness: The court relies on the principles of fairness and equity, along with international best practices.
- Influential Precedents: It references cases where international standards influenced rulings.
- Evidence-Based: Credible evidence substantiates claims rooted in international best practices.
Balancing International Best Practices with Nigerian Realities:
- While international best practices are valuable, the court maintains a balance. It may decline their application if they clash with Nigerian realities:
- Context Matters: The court ensures international standards are compatible with Nigeria’s unique circumstances.
- A Measure of Refusal: When demonstrated that international norms do not align with Nigerian realities, the court may decline their application.
Conclusion:
The National Industrial Court, a cornerstone of Nigeria’s labour and employment framework, champions fairness, justice, and international best practices. Its jurisdiction extends to the core of workplace disputes, preserving the sanctity of labour relations. As it balances international standards with local realities, the court stands as a vital pillar in Nigeria’s quest for equitable labour practices and harmonious industrial relations.
Bibliography
- 1999 Constitution of the Federal Republic of Nigeria (as Amended)
- Labour Act 2004
- Bimbo Atilola (2022) , Labour& Employment Law in Nigeria, Volume 1, Lagos, Nigeria
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