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NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES AND MANAGEMENT OF NATIONAL INSURANCE CORPORATION OF NIGERIA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - MEMBER SUIT NO: - NIC/4/86 DATE OF JUDGMENT - THURSDAY, 24th SEPTEMBER, 1987 LABOUR LAW - "Worker" - Meaning of - Section 90(1)(a), Labour Act, 1974 -Who is not? LABOUR LAW - Misconduct - Act of- Power of employer to punish therefore. LABOUR LAW - Misconduct - Lawful instruction to worker -Whether can vary - Where varies - Effect. LABOUR LAW - Suspension from work - Matters required by law to be excluded from contract of service -Whether suspension from work one of such - Section 9, Labour Act, 1974. LABOUR LAW - Wages - Where worker deprived of wages as punishment for misconduct – Whether constitutes an offence - Sections 5 and 20, Labour Act, 1974. WORDS AND PHRASES - "Worker" - Meaning of- Section 90(1 )(b), Labour Act, 1 974- Who is not? ISSUES: Where the Respondent was justified in the action it took against the staff concerned, having regards to the provisions of the Respondent's conditions of service and the Labour Act. 1974. The Appellants were dissatisfied with the no award and consequently lodged an objection in respect of it. The whole dispute was therefore referred to the National Industrial Court for adjudication and final settlement. HELD: (Dismissing the appeal): 1. On Requirements an employer's conditions of service for employee must satisfy under the Labour Act - By section 7(1) of the Labour Act 1974, not later than three months after the beginning of a worker's period of employment with an employer, the employer shall give to the worker a written statement specifying: (a) The name of the employer or group of employers and where appropriate, of the undertaking which the worker is employed; b) The name and address of the workers and the place and date of his engagement; c) The nature of the employment; d) If the contract is for a fixed term, the date when the contract expires; e) The appropriate period of notice to be given by the party wishing to terminate the contract, due regard being had to section 11; f) The rates of wages and method of calculation thereof and the manner and periodicity of payment; g) Any terms and conditions relating to: (i) Hours of work, or (ii) Holidays and holiday pay, or (iii) Incapacity for work due to sickness or injury, including any provisions for sick pay, and (iv) Any special conditions of the contract. In this case, the Respondent's "Condition of Service" is a valid document covered by the provisions of section 7 of the Labour Act, and the provisions therein relating to discipline are lawful and form part of contract of service of an employee. 2. On Meaning of “worker” and who is not - By section 90(1 )(a) of the Labour Act, 1974 "worker" means any person who has entered into or works under a contract with an employer, whether the contract is for manual labour or clerical work, or is expressed or implied, or oral or written, and whether it is a contract of service or a contract personally to execute any work or labour, but does not include persons exercising administrative, executive, technical or professional functions as public officers or otherwise. Thus, a person occupying the position of Acting Controller, Area Officer and Marketing Officer of a company is not a worker as defined in the Labour Act, 1974 and he is in a position to give to a driver assigned to him by the company by virtue of his superior appointment. 3. On Whether a worker has right to vary lawful order of his boss- A worker has no right to vary any part of the lawful instructions of his boss to suit his purpose or convenience without prior approval of his boss. A worker's variation of lawful instruction without prior approval of his boss is disobedience of a lawful order, which is an act of misconduct. 4. On Power of employer to punish employee for act of misconduct - It is within the discretion of an employer to impose an appropriate punishment, as provided in its conditions of service, for an act of misconduct by employee, which has been done. 5. On Whether deprivation of workers’ wages as punishment for misconduct constitutes an offence - The deprivation of a worker, wages by suspension for a period of time as punishment for misconduct does not offend section 5 of the Labour Act, 1974 and, therefore, is not a criminal offence for which the employer is liable to punishment under section 20 of the Act. 6. On Whether suspension of workers is lawful - Suspension from work as a disciplinary measure is not one of those matters excluded conditions from conditions of service by section 9 of the Labour Act, 1974. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER