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NATIONAL UNION OF HOTELS AND PERSONAL SERVICE WORKERS AND CAPITAL HOTELS CARRYING ON THE BUSINESS CALLED AND KNOWN AS ABUJA SHERATON HOTEL AND TOWERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A.ATILADE PRESIDENT B.N. OBUA, ESQ. MEMBER AMBASSADOR M.S. SALEH MEMBER SUIT NO: NIC/3M/95 DATE OF RULING: MAY13, 1997 LABOUR LAW Lock-out of workers - Employer’s measure aimed at safeguarding life and property - Whether constitutes lock-out. LABOUR LAW Reinstatement - Workers whose appointments have been terminated - Reinstatement of - Where court not inclined to order - Entitlements of - Workers who have collected salary in lieu of notice - Whether still entitled to benefits. ISSUES 1. Whether the action of the management of the Hotel on 27 December, 1994 amounted to a lock-out. 2. Whether the affected staffs of the Hotel are entitled to be reinstated. FACTS On 23 December, 1994, an incident took place at the Abuja Sheraton Hotel and Towers when the chairman of the Capital Hotels, Mr. Baba Adi assaulted a female staff of the Hotel. The workers felt that the assault on their fellow staff was unwarranted and expressed resentment at their executive meeting. On 24th December 1994, the management and workers met with a view to resolving the matter. Another meeting between the management it and the executive of both the junior and senior staff of the Hotel was held on 26th December, 1994. It was agreed on 26tl December, 1994 that on 27 December, 1994 the workers would get a letter of apology from the chairman who would be read to the staff. However on December, 1994 the management proceeded to terminate the appointments of about seven hundred workers, on the ground of “illegal strike” by the staff. Dissatisfied, the Applicants applied to the National Industrial Court for a number of declarations and damages for the unlawful termination of the workers’ appointments. HELD (Refusing reinstatement but awarding terminal benefits). 1. On whether management‘s pre-emptive measure aimed at safeguarding life and property in a company amounts to lock-out - A pre-emptive measure, aimed at safeguarding life and property in a company, taken by management does not amount to a lock-out of workers. 2. On Remedies available to workers when court is not inclined to order their reinstatement - Where, in view of the circumstances of a particular case, the court is not inclined to order reinstatement of workers whose appointments have been terminated, the affected staff will be entitled to benefits, including severance pay. However, workers who have accepted offer of salary in lieu of notice will not be entitled to the benefits.