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NATIONAL UNION OF CHEMICAL AND NON-METALLIC WORKERS AND MANAGEMENT OF METAL BOX TOYO GLASS LIMITED (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/6/82 DATE OF JUDGMENT FRIDAY, 24™ FEBRUARY, 1984 LABOUR LAW Employee - Prerogative of employer to deploy to alternative functions. LABOUR LAW National Industrial Court -Abandonment of claim - Claim abandoned before the Industrial Arbitration Panel - Whether can be revived at the National Industrial Court. LABOUR LAW National Industrial Court - Power of to admit additional evidence - Source of -Principles governing. LABOUR LAW Trade dispute - Strike by workers - Where workers embark on strike - Whether they can claim wages for the period of their strike. TRADE DISPUTE Strike by workers - Where workers embark on strike - Whether they can claim wages for the period of their strike. ISSUES: 1. Whether the events, which took place at the factory from 20th November, 1980 to 1st December, 1980 when the workers resumed duty, can be correctly described as a lock-out by the Respondent or strike by the Appellant. 2. Whether there was an attempt by the Respondents to stifle trade union activities the company. 3. Whether the Appellants can lawfully demand the redeployment of the Plant Engineer/Manager, Mr. Adebayo, on the ground of his alleged brutality to workers. FACTS: There was a trade dispute between the parties, which was referred to the Indus: Arbitration Panel (IAP). The issues in dispute were demand for payment for the days which the workers were locked-out; that the branch officers and executive members who were prevented from going in when the doors were opened to all the workers should allowed to go back to their work; that Mr. Adebayo the Plant Engineer who was brutal in his treatment of the workers should be redeployed in the interest of peace and good industrial atmosphere; and that the action of the Respondent amounted to an attempt to stifle trade union activities in the company. The IAP made "No Award" in respect of each of the Appellants four (4) claims. Appellant consequently objected and the dispute was referred to the National Indus: Court. At the National Industrial Court no further evidence was called, but counsel for both pa addressed the court. HELD: (Dismissing the Appellant's appeal and entering judgment in favour of the Respondent): 1. On Whether striking workers can claim wages for the period of their strike - Workers' claim on their employer for payment of wages to striking workers for period of their strike cannot succeed. 2. On Whether a party can before the National Industrial Court revive claim abandoned during proceedings at the Industrial Arbitration Panel - It is futile for a party to attempt to revive before National Industrial Court a claim it abandoned during proceedings before the Industrial Arbitration Panel. 3. On Prerogative of management of a company to deploy employees to alternative functions - It is the management's prerogative to deploy any employee to alternative function as and when the need arises. 4 On Power of the National Industrial Court to admit additional evidence- It is the practice of the National Industrial Court, endowed as it is with the privilege of not being bound by the strict rules of evidence, to admit further evidence, either on the motion of the parties before it or on its own motion, if it is demonstrably clear that the ends of justice can be better served by allowing such additional evidence. Section 27(3) of the Trade Disputes Act 1976 and Rule 29 of the National Industrial Court Rules 1979, provide the basis for this latitude in the procedure of the court. In :he instant case, none of the parties sought to avail itself of the privilege and, in the circumstances, the Court found no grounds to summon additional evidence in order to determine the issues in dispute. 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