Download PDF
MANAGEMENT OF UNION BANK OF NIGERIA LIMITED AND NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT DR O.I. ODUMOSU MEMBER S.O. KOKU,ESQ. MEMBER DR. E. C. IWUJI MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO: NIC/7/82 DATE OF JUDGEMENT TUESDAY, 10TH MAY, 1983. LABOUR LAW Bonus to workers - Ex-gratia productivity bonus Whether a fringe benefit - Whether an income Whether an employer under obligation to pay ex-gratia productivity bonus to its workers. LABOUR LAW Strikes by workers - Where employer paid worker For period of strikes - Whether employer estopped from deducting the payments from workers' wag: and salaries. LABOUR LAW Wages - "Other forms of income" in Section 4( 1 the Productivity, Prices and Income Board A; 1977 - Meaning of - How construed - Ejusdem generis rule of interpretation - Modern tendency courts in the application of. ISSUES: Whether the ex-gratia productivity bonus claimed by the Respondent, is a fringe benefit within the Incomes Policy Guidelines laid down by the Productivity, Prices And Income Board for 1980-1982, or "other forms of income" within subsection (1) of section 4 of the Productivity, Prices and Income Board Act, 1977. LABOUR LAW Trade dispute - Reference of to National Industrial Court - Procedure laid down therefor -Presumption that it has been followed - When it arises. LABOUR LAW Trade dispute - Trade dispute between employer and employee affecting employee's terms and conditions of employment - Whether a trade union can take up. TRADE DISPUTE Reference of trade dispute to National Industrial Court - Procedure laid down therefor -Presumption that it has been followed - When it arises. TRADE DISPUTE Termination of appointment - Dispute arising from termination of employee's appointment -When constitutes trade dispute - Whether constitutes trade dispute only when connected with trade union activities of the employee. TRADE DISPUTE Trade dispute between employer and employee, affecting employee's terms and conditions of employment - Whether a trade union can take up. TRADE UNION LAW Trade union - Trade dispute between employer and employee affecting employee's terms and conditions of employment - Whether a trade union can take up. ISSUES: 1. Whether the dispute conies within the definition of a "trade dispute" as contained non 37 of Trade disputes Act, 1976. 2. Whether the procedure followed in referring the dispute to the Industrial Arbitration Panel is in accordance with the provisions of Section 3(1) of the Trade Disputes Act, 1976. 3 Whether the Industrial Arbitration Panel's award that Mr. Odetade should be retired on humanitarian grounds and paid benefits on medical grounds was proper circumstances of the case. 4 Whether the Industrial Arbitration Panel has power to order the reinstatement of an re who had been dismissed in accordance with his condition of service, : :s proved that the dismissal was based on his involvement with trade union e > and where such reinstatement will bring industrial peace. 5. Whether there was evidence before the Industrial Arbitration Panel to support its finding that Mr. Ojemuyiwa's appointment was terminated by the Appellants on the grounds of unsubstantiated offence. FACTS: A trade dispute involving the parties herein was referred to the National Industrial Cc. following an objection raised by the Appellant to part of the Award of the Industrial: Arbitration Panel (IAP), relating to two members of the Respondent union. The Appellants case was that the Industrial Arbitration Panel was wrong to have ordered Mr. Odetade to be retired on medical grounds on humanitarian reasons; and to order the reinstatement of Mr. Ojemuyiwa, because there was no evidence before the Panel to show that his appointment was terminated for trade union activities. It was contended by the Appellant that the appointments of Messrs Odetade Ojemuyiwa were lawfully terminated and in accordance with their contracts employment and that they had collected all their entitlements from the Appellant. On the part of the Respondent, it was contended that there existed a trade dispute between the Appellant and the Respondent union. It was contended that a trade union had a right to take up matters with an employer with respect to conditions of service of an employee was further contended that the IAP Awards were justified in the circumstances of the case. HELD: Granting severance pay to the affected worker instead of reinstatement): 1. On What constitutes a trade dispute - A dispute between an employer and his employee which affects the terms conditions of employment constitutes a trade dispute, which can be taken up recognized trade union on behalf of its members. It is not true that a dispute between an employer and his employee regarding termination of the employee's appointment can only fall within the provision; the Trade Disputes Act, 1976, if it has some connections with trade union action of the employee. 3. On When dispute relating to termination of appointments of employees constitute trade dispute - Where the procedure of the termination of appointment of employee is challenged the dispute as contained in Collective Agreement constitutes trade dispute within the provisions of section 37 of the Trade Disputes Act, 1976 HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, DR O.I. ODUMOSU MEMBER, S.O. KOKU,ESQ. MEMBER, DR. E.C. IWUJI MEMBER, Z.M. BELLO MEMBER