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.
Highlights
In Nigeria, there are about ten labour related legislations that are currently operational1
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
Summary
In Nigeria, there are about ten labour related legislations that are currently operational. It is the National Industrial Court that currently has exclusive jurisdiction to adjudicate over sundry dimensions of labour disputes in Nigeria following the rules of practice and procedure issued under the hand of the president of the court. The paper aims at evaluating relevant provisions of the National Industrial Court Act and the National Industrial Court Rules with a view to making a determination whether these legislations can enable the industrial court to put into effect the labour and industrial laws that come within its jurisdiction; especially against the background of the persistent antagonism between employees and employers of labour in Nigeria. The paper seeks to establish the larger implications of the adjudicatory process on economic growth in the country To achieve these objectives, the paper is segmented into four sections: 1) Introduction, 2) Legal Framework for Resolution of Industrial Disputes, 3) Recommendation and 4) Conclusion. The academic significance on the other hand, lies in the fact that the research would have contributed to a deeper knowledge of the subject and the potential strengthening of the laws under study
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