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ASSOCIATION OF SENIOR STAFF OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS (ON BEHALF OF ITS AMERICAN INTERNATIONAL INSURANCE COMPANY (NIGERIA) LIMITED UNIT) AND NIGERIA EMPLOYERS' ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTIONS (ON BEHALF OF AMERICAN INTERNATIONAL INSURANCE COMPANY (NIGERIA) LIMITED) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P. A. ATILADE - PRESENT ALHAJI Z.M. BELLO - MEMBER M.A. BORISADE, ESQ. - MEMBER SUIT NO: - NIC/15/89 DATE OF JUDGMENT - TUESDAY, 11TH SEPTEMBER 1990 LABOUR LAW - Collective agreement - Enforcement of - Need for collective agreement to be clear, precise unambiguous. LABOUR LAW - Collective agreement - Whether memorandum of agreement ought to be written to complement collective agreement. LABOUR LAW - Consultation between employer and workers - Process of – What it entails - Whether agreement must be reached - Whether must be in writing. ISSUE: Whether the Respondent was in breach of its obligation under the law of redundancy, or whether the Respondent breached the terms of the collective agreement between parties. FACTS: The management of American International Insurance Company (AIICO), one c: members of the Respondent, introduced a different set of computers for its operations. As a result of the introduction of the new computers, it declared some of its staff redundant. Meetings held between the AIICO management and the Appellants domestic unit in AIICO proved abortive. The Appellant then declared a trade dispute. But the Industrial Arbitration Panel (IAP) in resolving the dispute found in favour of the Respondent and made a "No Award". The Appellants was dissatisfied and appealed to the National Industrial Court. HELD: (Dismissing the appeal): 1. On Need for a collective agreement to be clear, precise and unambiguous - Before a collective agreement can be enforced in the National Industrial Court, the terms must be clear, precise and unambiguous. 2. On What consultation between employer and workers' entails - Whilst discussions, requests for information and certification of information may be involved in the process of consultation between employer and workers, it is not obligatory that consensus should be reached. Also, whilst parties may opt to reduce their various positions into writing, there is no obligation that agreement should be reached. 3. On Whether a memorandum of agreement must complement a collective agreement- It is not a correct proposition that a memorandum of agreement should be written to complement a collective agreement.