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MANAGEMENT OF GULF OIL COMPANY NIGERIA LIMITED (GOCON) AND NATTIONAL UNION OF PETROLEUM AND NATURAL GAS WORKERS (NUPENG) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - MEMBER SUIT NO: - NIC/10/86 DATE OF JUDGMENT - TUESDAY, 2ND MAY, 1987 LABOUR LAW - Termination of employment - Gross misconduct - Incidents of warranting termination of workers - Relevant factors to consider. LABOUR LAW - Trade union - Permissible trade union activities in furtherance of trade dispute or strike action -Acts and events that go beyond. LABOUR LAW - Strikes - Principle of “no work no pay" - Right of employer to apply against striking workers. NATURAL JUSTICE - Rule of natural justice - Where employer affords workers opportunity to give written explanations for their perceived wrongful conduct - Whether rule of natural justice not complied with. TRADE UNION LAW - Trade union - Permissible trade union activities in furtherance of trade dispute or strike action -Acts and events that go beyond. ISSUE: Whether the termination of the appointments of the four workers "was wrongful", as stated in the IAP Award. FACTS: The dispute between the parties started when the Respondent commenced strike action on 21st January, 1982 in response to the order of Warri Zonal Council of the Respondent. In the course of the strike, appointments of four members of the Respondent who were members of staff of the Appellant were terminated. In reaction, the Respondent gave the Appellant an ultimatum to the effect that unless the four workers were reinstated, and all the monies deducted from the salaries of the workers who took part in the strike refunded or the deduction was made general to all the workers employed by the Appellant, the Respondent would embark on an industrial action by 30th March, 1982. Efforts made by the Appellant to reach a settlement proved abortive and the Respondent went on strike on 30th March, 1982. The above events led to the reference of the dispute to the Industrial Arbitration Pane (IAP) for settlement. The IAP eventually held, by its Award, that the termination appointments of the appointments of the four workers was wrong and, therefore, ordered that certain compensation be paid to them. The Appellant objected to the IAP Award, and the dispute was referred to National Industrial Court. HELD: (Dismissing the appeal): 1. On Incidents of gross misconduct by workers warranting termination of appointment - Where a group of workers indicate their intentions to perform essential duties, even though their trade union is on strike, but refuse to work and go to sleep on duty, hide important documents relating to their work, physically restrain their superior officer from leaving a particular place, and as in this case fill equipment to overflow with the attendant danger of oil spillage and fire outbreak, such acts and events go beyond permissible trade union activities in furtherance of a trade dispute or strike action and constitute acts of gross misconduct and or sabotage. 2. On Incidents of gross misconduct by workers warranting termination appointment whether act by workers of physically preventing their superior officer from leaving a place constitutes gross misconduct - The act by workers of physically preventing their superior officer from leaving a particular place amounts to gross misconduct for which summary dismissal would be appropriate. In the instant case, the four workers physically prevented their superior officer from leaving the Abiteye Flow Station with the helicopter on time. The court therefore considered that the imposition of the lesser penalty of termination of the appointments of the four workers was justified and lawful, especially as the termination was done in accordance with the terms of employment of the workers concerned. 3. On Whether management complies with rule of natural justice by affording its workers ample opportunity to commit into writing their oral explanations of their conduct in an incident - An employer would comply with the rule of natural justice where it affords its workers ample opportunity to commit into writing the oral explanations of their conduct in relation to an incident. In the instant case, the four workers refused the opportunity given to them by the Appellant to commit into writing their oral sr. nations of their oral explanations of their conduct at Abiteye, before their appointments were terminated. 4. On Management's right to apply principle of "No Work No Pay" to striking workers- Management is right to apply the principle of no work no pay to striking workers and make deductions from wages of union members who participate in a strike action. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER