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ASSOCIATION OF SENIOR STAFF OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS (ASSBIFI) (ON BEHALF OF ITS AMERICAN INTERNATIONAL INSURANCE COMPANYLIMITED UNIT) AND NIGERIA EMPLOYERS ASSOCIATION OF BANKS, INSURANCE AND ALLIED INSTITUTIONS (NEABIAI) (ON BEHALF OF AMERICAN INTERNATIONAL INSURANCE COMPANYLIMITED (AIICO) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER S. GANA, ESQ. - MEMBER SUIT NO: NIC/16/90 DATE OF JUDGMENT - 2ND DECEMBER, 1993 LABOUR LAW Contract of employment- What regulates - Conditions of service and collective agreement - Relationship between. LABOUR LAW Employer and trade union - Relationship between - What regulates - Collective agreement and conditions of service - Relationship between. LABOUR LAW Termination of appointment - Confidential relationship between employer and employee - Where it has been seriously eroded - Whether termination of appointment justifiable. LABOUR LAW Termination of appointment - Employee given notice of allegations against him and given enough time for his defence - Whether can complain of breach of rules of natural justice. TRADE UNION LAW Trade union - Employer and trade union -Relationship between - What regulates - Collective agreement and conditions of service - Relationship between. ISSUE: Whether, in the circumstances of the case, the termination of appointment of the affected worker was justified and complied with the rules of natural justice. FACTS: The Respondent terminated the appointment of one Mr. Erhomosele, as a result of a publication which arose from an interview granted by Mr. Erhomosele to the President Magazine on or about 14th November, 1989 which appeared on 20th November, 1989 titled “AIICO in trouble”. The matter was referred to the Industrial Arbitration Panel, which refused to re-instate Mr. Erhomosele. Dissatisfied, the Appellant union appealed to the National Industrial Court. HELD: (Allowing the appeal in part and awarding additional pay in lieu of notice) 1. On What regulates contract of employment and relationship between employer and trade union - A contract of employment between a company and a worker is regulated by the terms and conditions contained in the employment and conditions of service for staff. While a collective agreement regulates the relationship between an employers’ association and a trade union. 2. On When termination of appointment complies with rules of natural The termination of an employee’s appointment complies with the rules of natural justice if the employee was given notice of the allegations against him, and given enough opportunity to put across his defence. 3. On When termination of employee’s appointment is justifiable - Where the confidential relationship, which existed between an employer and an employee, had been seriously eroded, the termination of the appointment of the employee was justifiable.