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METAL PRODUCTS WORKERS UNION OF NIGERIA AND MESSRS JOSIAH PARKES AND SONS (NIGERIA) LIMITED (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - PRESIDENT SUIT NO: NIC/5/85 DATE OF JUDGEMENT - FRIDAY, 24TH JANUARY, 1986 LABOUR LAW - Collective agreement - Violation of - Issue of -When in dispute - Admission by workers that employer did not violate collective agreement -Effect. LABOUR LAW - Leave pay - Workers' agreement on employer's proposal for three-day working week - Workers not envisaging effect on leave pay - Whether enough to modify the agreement at a later stage - Whether workers entitled to be paid salaries at the full rate applicable to five-day working week while on leave. ISSUES: 1. Where the provisions affecting leave days as prescribed under Clause 18 of the Agreement between the Association of Metal Products, Iron and Steel Employers of Nigeria and the Appellant Union (Exhibit 2) have been violated by the Respondent. 2. Where by Respondent, by its action, violated the agreement reached by both parties ring of 5th May, 1983, as contained in the minutes of the meeting, Exhibits 3A and 3B. FACTS Both parties reached an agreement at their meeting of 5th May, 1983 whereby they agreed that workers should go on three-day working week with effect from 3rd May, 1983. Later, an issue arose from the agreement, that is, regardless of the three-day working week during the leave-earning period, the workers should be paid fully for the five-day working week. The matter, which was first referred to the Industrial Arbitration Panel (IAP), had the terms of reference as "violation of the Collective Agreement on leave days". The IAP hearing both parties, made no award. The Appellants were dissatisfied with the "no award" and appealed. When the case . up at the National Industrial Court, the Appellant admitted that the Respondent die violate the Collective Agreement. The Appellant's case on appeal was that they entitled to be paid for the work-free days, Thursdays and Fridays. HELD: (Dismissing the Appellant s appeal): 1. On Effect of worker’ admission that employer did not violate collective agreement in dispute between them - An admission by a workers' union that their employer did not violate the collective agreement between them, which is the issue in the terms of reference of a between them before the court, disposes of the issue. 2. On Whether workers who agreed to a reduced payment when on duty on working period entitled to be paid salaries at the full rate applicable to we week while on leave - Where a workers' union had agreed to their employer's proposal for a three-day working week, in the face of an emergency situation prevailing in the employer’s factory, the fact that the workers did not envisage the effect that the three-day working week would have on leave pay cannot alter the position so as to modify that agreement at a later stage. In the instant case, the National Industrial Court: that it was unreasonable for the Appellant to expect that under the prevailing emergency situation which led to the agreement in Exhibits 3A and 3B, the workers should be paid salaries at the full rate applicable to a five-day working week' on leave, that is, when they are not working at all whilst they were agreeable reduced payment when on duty on shorter working period per week. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER