TRADE DISPUTE AND SETTLEMENT MECHANISMS IN NIGERIA UNDER NIGERIAN LAWS

Abstract
Just as it is common for conflict to arise in any human relationship, the relationship between an employer and an employee is not left out in this. Conflict is however, inevitable to the extent that refusal of the union to be recognized by their
employers, public policies, as well as the failure of collective bargaining are identified as the causes of Industrial conflict. In Nigeria, inspite of the legislative framework for the mechanisms of settling Industrial Conflicts, the situation has consistently been on the increase and the mechanism has not effectively fostered Industrial harmony. Thus, this article examines the industrial Conflict and settlement procedures in the public service of Nigeria, under the Nigerian laws. This article adopted the doctrinal research methodology. This paper found out amongst others that the framework of substantive law established in Nigeria for the resolution of industrial dispute obviously lacks
some critical components of industrial conflict resolution in respect of sanction, bearing in mind the Trade Union Act in its section 25 (1)(2) grants recognition to a registered trade union for the purpose of collective bargaining with a provision of N1,000 as fine for non-compliance, such is grossly inadequate to serve as a
deterrent and to achieve a sustained industrial harmony. This article recommends amongst others that Section 25 (2) of the Trade Unions Act, should be amended to impose sanction on the employers for their refusal to recognize and give effect to trade unions bargaining processes, and that the sanction will be determined on the financial strength of each organization upon default.

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