Trade Unions

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TRADE UNIONS

(11) EMPLOYEE.

Can employee trade union negotiate employment terms and when employee can sue or be

sued on such terms?

“A trade union may negotiate with the employer in regard to the terms of conditions of

employment of the employees which become binding on an employee upon the individual

employee accepting his employer’s offer of employment embodying such collective agreements.

See:Edwards v. Skyways Ltd.(1964) 1 AER 494. Again in such situations, an employee can sue

and be sued as regarding the terms of the collective agreements. This is not the case here as the

instant collective agreements have not createdab initio any legal relations firstly as between the

collective parties not to say of want of their incorporation into the contracts of employment of the

appellants. It is correct from the facts that these agreements have not formed part of the conditions

of employment accepted by the appellants at the time of their respective employments.” – Per

Chukwuma-Eneh, J.S.C., in Osoh v. Unity Bank Plc. Suit No. S.C. 182/2001; (2013) 9 N.W.L.R.

(Pt. 1358) 1 at 31 – 32.

Who is an employee under the Trade Disputes Act?

“An employee as gathered from the Act is practically an individual who works under a contract of

employment.” – PerChukwuma-Eneh, J.C.A., in Apena v. N.U.P.P.P. Suit No. CA/L/337/95;

(2003) 8 N.W.L.R. (Pt. 822) 426 at 443.

(12) MEMBER OF A TRADE UNION.

Remedies for termination of contract of employment of member of a union.

“(b) The case ofRidge v. Baldwin(1964) A.C. 40 seems to decide that where there is a failure to

comply with the rules of natural justice in terminating the contract of employment of an office

holder or i.e. where a tenure of public office attaches to a contract of service, thatthe dismissal is

ineffective to determine the employment relationship and the employee is entitled to a declaration

to that effect as well as damages and injunction may be granted; and (c) In the case of expulsion

of a trade union member in circumstances affecting his employment and membership of the union,

the Court has postulated as in the case ofTaylor v. National Union of Seaman(1967) 1 W.L.R.

532 to the effect that such employee is entitledto the benefit of the rules of natural justice as well

as damages for breach of contract where the procedure for determining the contract was not

complied with.” – Per Chukwuma-Eneh, J.C.A., in Regd. Trustees, P.P.F.N. v. Shogbola Suit No.

CA/L/141/98; (2004) 11 N.W.L.R. (Pt. 883) 1 at 16 – 17.

(13) NATIONALINDUSTRIAL COURT.

Can National Industrial Court be the only Court with jurisdiction to hear trade dispute

matters?

“It is difficult therefore, to read unconstitutionality in the statute that created the National Industrial

Court and the jurisdiction it has been conferred with especially by Decree No. 47 of 1992. Thus,

by Decree 47 of 1992, the only Court that is conferred with jurisdiction to hear trade dispute

matters is the National Industrial Court. Same Decree accorded the status of a superior Court of

record to the National Industrial Court, as appeals from its decisions on questions of fundamental

rights containedin chapter IV of the Constitution shall lie to the Court of Appeal, (section 5 and

6(a) of the Decree under reference).” – PerMuhammad, J.C.A., in Ekong v. Oside Suit No.

CA/A/89/2000; (2005) 9 N.W.L.R. (Pt. 929) 102 at 115.