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MANAGEMENT OF BRIGHTSTAR INDUSTRIES LIMITED AND PRECISION, ELECTRICAL AND RELATED EQUIPMENT WORKERS UNION (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT M.A. BORISADE, ESQ. - MEMBER B. N. OBUA, ESQ. - MEMBER SUIT NO: NIC/7/88 DATE OF JUDGMENT - WEDNESDAY, 29 1992 LABOUR LAW Contract of employment - Basis of - What constitutes. LABOUR LAW Notification of information to workers - When in Issue - Onus of proof of- On whom lies. ISSUES: I. Whether there was an effective cancellation of free medical attention to employees’ lives or not, in the light of the provision on page 19 of the Handbook of the Appellant 2. Whether a review of the gratuity scheme is a matter for negotiation. 3. Whether extension of food subsidy to junior staff is justified in the circumstances. FACTS: The Appellant referred a trade dispute between it and the Respondent to the Minister for Employment, Labour and Productivity, who in turn referred it to the Industrial Arbitration Panel. The issues involved inter alia, extension of medical care to employers’ spouses, and food subsidy to junior workers. The Panel, after carefully considering all the evidence and submissions of both parties, made its award in favour of the Respondent. The Appellant was dissatisfied with the Panel’s award, and appealed to the National Industrial Court. HELD: (Dismissing the appeal) 1. On Basis of contract of employment between employer and employees – The terms and conditions of employment set out in a company’s handbook, form the basis of the contract of employment between the company and its employees. 2. On Onus on company to prove notification of information to workers - The onus is on a company to prove that a copy of a relevant circular was either dispatched to a trade union or that a copy was posted on the company’s notice board, which can be held as sufficient notification to the union as required by the company’s handbook.