Download PDF
1. ELDORADO(NIGERIA)LIMITED 2. NATIONAL UNION OF FURNITURE FIXTURE WORKERS (JOINED BY ORDER OF COURT) AND IRON & STEELWORKERS’ UNION OF NIGERIA (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT B.N. OBUA, ESQ.` MEMBER E.O. OLO WU, ESQ. MEMBER SUIT NO: NIC/1 1/89 DATE OF JUDGMENT JUNE 2ND ,1995 LABOUR LAW National Industrial Court - Party who had ample opportunity to present its case at the Industrial Arbitration Panel Whether can still complain of denial of hearing at the National Industrial Court. LABOUR LAW Trade union - Jurisdiction of over workers - Workers of a company dealing mostly with iron and steel - Competent union to exercise organizational jurisdiction thereon. NATIONAL INDUSTRIAL COURT Fair hearing - Party who had ample opportunity to present its case at the National Industrial Court - Whether Can still complain of denial of hearing at the Industrial Arbitration Panel. TRADE UNION LAW Trade union - Jurisdiction of over workers - Workers of a company Dealing mostly with iron and steel Competent union to exercise organizational Jurisdiction thereon ISSUES: 1. Which of the two unions - National Union of Furniture Fixtures and Wood Workers or the Iron and Steel Workers’ Union of Nigeria has the organizational jurisdiction over the workers in the employment of Eldorado (Nigeria) Limited? 2. Whether the 2nd Appellant can claim to be prejudiced since it was joined as a party by the court and had ample opportunity to present their case at the court. FACTS: After the restructuring of the industrial unions in 1977, the 1st Appellant recognized the Respondent, held meetings with it and paid check-off dues to it. In 1986, the Respondent declared a trade dispute over non-implementation of an agreement and organized a strike action. The 1st Appellant not happy with the Respondent, sought to encourage the 2nd Appellant to make an in-road into the company. The matter was referred to the Industrial Arbitration Panel, which found in favour of the Respondent. Dissatisfied, the 1st Appellant appealed to the National Industrial Court. HELD: (Dismissing the appeal): 1. On Which trade union has organizational jurisdiction over workers in a company dealing mostly with iron and steel - In the exercise of restructuring the Nigerian trade unions along industrial lines way back in 1977, the jurisdiction of industrial unions was predicated on the economic activities of any given industry, undertaking or enterprise. Thus, in this case, the fact that a company deals mostly with iron and steel makes the workers there eligible to be members of the Iron and Steel Workers Union of Nigeria. 2. On Whether a party who had ample opportunity to present its case at the National Industrial Court can still complain of prejudice by Industrial Arbitration Panel A party who had ample opportunity to present its case at the National Industrial Court can no longer claim to be prejudiced by the denial of its right to be heard before the Industrial Arbitration Panel made its Award.