TITLE:
An Appraisal of the Legal Framework for Adjudication of Industrial Disputes in Nigeria
AUTHORS:
Matthew Enya Nwocha
KEYWORDS:
Labour Law, Industrial Dispute, Rules of Court, International Best Practice, Public Trustee, Assessors, Referees, Adjudication, Industrial Court, Electronic Filing, Jurisdiction
JOURNAL NAME:
Beijing Law Review,
Vol.8 No.3,
September
20,
2017
ABSTRACT: This paper is titled “An Appraisal of the Legal Framework for Adjudication of Industrial Disputes in Nigeria” and came against the background of the perennial dispute between labour and employers of labour, particularly the public sector, namely, employment under the Federal, State and Local Governments. Agitations for wage increases and improvement of conditions of service by labour have had to face up with government apparent insensitivity to the plight of labour. The results of these frequent disagreements have been the disruption in the industrial sector, low productivity of labour and retarded economic growth. Hence, this paper is aimed at addressing these negative outcomes by evaluating the framework as well as procedure for settlement of industrial disputes in the country with a view to achieving better industrial harmony. The paper has identified three principal legislations that are relevant to adjudication of industrial disputes in the country, namely, the 1999 Constitution of Nigeria (Third Alteration Act) 2010; the National Industrial Court Act, 2006; and the National Industrial Court of Nigeria (Civil Procedure) Rules, 2016. The paper has appraised the strengths and weaknesses of these legislations as well as the factors that militate against their capacity to accomplish their common objective of achieving harmony and stability in the labour sector. To remove these setbacks the paper has recommended among others things, the amendment of the extant laws to attain the best ends of justice and to restore and sustain the confidence of litigants in the adjudication process, which is key to avoidance of frequent strikes and lock-outs.