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MANAGEMENT OF ATLAS (NIGERIA) LIMITED AND SHOP AND DISTRIBUTIVE TRADE SENIOR STAFF ASSOCIATION (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - PRESIDENT SUIT NO: NIC/52/85 DATE OF JUDGEMENT - FRIDAY, 31ST JANUARY, 1986 LABOUR LAW - Dismissal - Employee dismissed on ace of trade union activities – Entitlement of to payment of monetary compensation. LABOUR LAW - National Industrial Court - Proceed therein - Submission of written address the conclusion of- Whether optional. LABOUR LAW - Trade dispute - Negotiations - Deadlocked negotiations – Fact of - Whether makes negotiations less meaningful. TRADE DISPUTE - Negotiations - Deadlocked negotiations -Fact of – Whether makes negotiation meaningful. TRADE UNION LAW - Dismissal - Employee dismissed on account of trade union activities - Entitlement payment of monetary compensation. ISSUES: 1. Whether the termination of the appointments of members of the Association constituted victimization. 2. Whether there was evidence to justify the alleged refusal of the Appellants to enter into meaningful negotiation with the Respondent/Association. FACTS: A trade dispute between both parties was referred to the Industrial Arbitration Panel (IAP). The issues in dispute at the IAP and at the National Industrial Court were the termination of appointments of members of the Respondent, and the Appellant's refusal to enter into meaningful negotiation with the Respondent. The IAP, after hearing with both parties on the two issues in dispute, made its Award on redundancy benefit and other conditions of service. The Appellants were dissatisfied with the IAP award and lodged an objection to it, and in consequence of it the dispute was referred to the court. Learned counsel for both parties addressed the court. No. witness was called by either party. HELD: (Granting payment of compensation to the dismissed workers): 1. On Entitlement to monetary compensation by employee dismissed on account of r union activities - Where the court finds that dismissed workers were victimized on account of their trade union activities, monetary compensation is payable to the dismissed staff. In r.ant case, the court ordered that severance pay be made to each of the eleven dismissed workers. 2. Whether fact that negotiations are dead-locked between employer and employees makes same less meaningful - The fact that negotiations were dead-locked does not make them less meaningful. In the instant case, all available evidence pointed to the fact that both parties had met and negotiated on various occasions in 1982, even though they failed to reach agreement on certain matters. The fact that the negotiations were dead-locked did not make them less meaningful. 3. On Whether failure to file written addresses at the Industrial Arbitration Panel fatal- The submission of written addresses at the conclusion of proceedings is optional, since either party is free to conclude its case without the submission of an address. In the instant case, the alleged failure of the Respondent to file and serve a written address at the Industrial Arbitration Panel (IAP) as ordered, which allegation was not denied by the Respondent, was not enough to make the proceedings at the IAP irregular and incomplete to the extent of enabling the National Industrial Court to set aside the IAP award. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER