MANAGEMENT OF GLAXO NIGERIA LIMITED AND NATIONAL UNION OF CHEMICAL AND NON-METALLIC PRODUCTS WORKERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT ALHAJI Z.M. BELLO - MEMBER B.N. OBUA, ESQ. - MEMBER SUIT NO: - NIC/19/87 DATE OF JUDGMENT - FRIDAY, 15TH JUNE, 1990. LABOUR LAW - Reinstatement - Termination of appointment - Where wrongful - When court will not order reinstatement of affected workers -Remedy court will grant. LABOUR LAW - Termination of appointment - Where based on allegations – Procedure therefor - Need to give affected workers chance to defend themselves against the allegations. LABOUR LAW - Trade union - Right and duty of in reporting suspected cases of fraud and mal¬administration. TRADE UNION LAW - Trade union - Right and duty of union in reporting suspected cases of fraud and mal¬administration. ISSUES 1. Did the Appellants act rightly in closing down the factory on 12th of March, 1987? 2. Whether the termination of appointments of some union workers on 11th March,, 1987 was proper. FACTS: The dispute between the parties was first referred to the Industrial Arbitration Panel for arbitration. The Respondent had demanded for the removal of the managing director of the Appellant, and the investigation of certain allegations against one Professor Fetuga who was managing the Appellant's farm. Discussion on the issues was stalemated, and because of threat of damage the Appellant's factories and premises were closed down. The Appellant also terminated the appointments of some workers who were fingered as troublemakers. As a result, the Respondent declared a trade dispute, which was referred to the Industrial Arbitration Panel, which declared the termination of the affected we: wrongful and ordered their reinstatement. The Appellant was dissatisfied with the IAP award and appealed to the National Court. HELD: (Allowing the appeal on reinstatement, but granting compensation and severance pay to affected workers. 1. On Right and duty of workers' union in reporting suspected cases of fraud and maladministration to employer- A workers union has the right to report any case of suspected fraud or administration to the management. But it is the duty of the union to prove the allegation to a successful conclusion. 2. On Need to give workers against whom allegations are made chance to themselves against such allegations - Termination of the appointment of employees is not and should not be carried out on the basis of mere allegations. The employees concerned should first be issued with letters informing them of their misdemeanor and asking for their representations as to why disciplinary action should not be instituted against them. In the instant case, the affected workers were not given a chance to ck themselves against the allegation that they were troublemakers. The termination of the appointments of the affected workers was therefore wrongful. 3. On When court will not order reinstatement of workers wrongfully termini Where the court finds that the termination of the appointments of worker is wrongful but there was strained relationship between the affected workers and management, the court will not order reinstatement of the affected workers.