Introduction:
The third alteration to the 1999 Constitution of the Federal Republic of Nigeria prompted significant changes in labor and employment issues. The said alteration introduced the National Industrial Court and vested it with the jurisdiction to hear and determine issues relating to work and labor problems, profoundly changing the nation’s legal landscape in this arena.
The National Industrial Court came into effect through the Third Alteration Act of 2010 in Section 6 of this transformational law. This provision gave birth to a new clause, Section 254(C) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011), endowing the National Industrial Court with exclusive and unmatched jurisdiction over employment, industrial, and labor disputes.
As a corollary to the above, in the case of First Bank PLC v. Anwana (2016) LPELR-41247(CA), the court emphasized the exclusive jurisdiction of the National Industrial Court to hear and determine matters bordering on employment and labor-related issues. This noteworthy step marked an unprecedented shift in the legal landscape, paving the way for a specialized court to negotiate the complexities of employment and labor matters with precision and fairness.
In the subsequent discourse, the article examines the National Industrial Court’s jurisdiction, its role in addressing unfair Labour practices, the incorporation of international best practices, and its delicate balancing act between global standards and Nigerian realities.
Understanding the Jurisdiction of the National Industrial Court:
The National Industrial Court’s jurisdiction, as outlined in Section 254C of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011), is a testament to its significance in the realm of employment and labor. The court’s purview extends far and wide to:
Unfair labor practices are the dark underbelly of employment relations, tainting the sanctity of workplaces. These practices encompass actions that defy best practices in the Labour sphere and are marked by their unjust, inequitable, oppressive, or unreasonable nature. Unfair Labour practices in Nigeria’s context include:
The National Industrial Court’s Role in Addressing and Eliminating Unfair Labour Practices:
The National Industrial Court is critical to addressing and eliminating unfair labour practises in the Nigerian Labour force. As a guardian of justice, this specialised court assumes a wide range of actions to guarantee the sanctity of Labour relations. It acts as an independent adjudicator, considering matters involving unfair Labour practices and issuing decisions based on Labour laws, regulations, and international standards.
The court acts as an impartial judge, finding resolutions that provide redress and recompense to aggrieved parties. Furthermore, it serves as a precedent-setter, defining what constitutes unfair Labour practices in the country. The court acts as a deterrent by demanding conformity to Labour rules and international conventions. Most significantly, it is a vigorous supporter of employee rights, protecting them by resolving infractions and advocating equitable treatment.
International Best Practices in Labor and Employment:
International best practices in labor and employment represent a global consensus on fairness, equity, and workers’ rights. These practices are culled from diverse sources:
The Court’s Approach to International Best Practices:
The National Industrial Court employs international best practices to uphold fairness and equity. It integrates these practices into its decisions, thus:
Balancing International Best Practices with Nigerian Realities:
While international best practices are valuable, the court maintains a balance. It may decline their application if they clash with Nigerian realities:
Conclusion:
The National Industrial Court, a cornerstone of Nigeria’s Labour and employment framework, champions fairness, justice, and international best practices. Its jurisdiction extends to the core of workplace disputes, preserving the sanctity of Labour relations. As it balances international standards with local realities, the court stands as a vital pillar in Nigeria’s quest for equitable Labour practices and harmonious industrial relations.
Bibliography
The article was written by: Jenifatu Yakubu, Esq., AICMC
Source: @BarristerNG
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