An in-depth look into Nigeria’s labour law

Author: Professor Chioma Kanu Agomo Reviewer: Adejoke O. Oyewunmi No. of Pages: 384 Publisher: Concept Publications Ltd, Lagos Date of Publication: 2011 A proper understanding of the laws regulating the interactions between human beings in the private workplace is germane to the smooth running of organisations both in the public and private sectors. This is […]

Author: Professor Chioma Kanu Agomo

Reviewer: Adejoke O. Oyewunmi

No. of Pages: 384

Publisher: Concept Publications Ltd, Lagos

Date of Publication: 2011

A proper understanding of the laws regulating the interactions between human beings in the private workplace is germane to the smooth running of organisations both in the public and private sectors. This is because of the important role of workers in contributing to socio-economic well-being and progress while also promoting industrial peace, harmony and peaceful co-existence within and outside the world of work. It is against the background that the legal text Nigerian

Employment and Labour Relations Law and Practice by Prof Chioma kanu Agomo constitutes a welcome addition to the repertoire of legal texts available on the subject of employment and labour laws in Nigeria.

The 384-page legal text, which is made up of 19 chapters and an appendix, was first published last year by concept Publications Limited, Lagos.

The goals, which informed the writing of the text, are to be found in the preface, which precedes the main body of the text. These include highlighting the impact of changing global trends on employment and labour relations in Nigeria and the coverage of non-traditional topics which have nevertheless acquired independent status as areas of specialisation closely related to core issues. The end objective is to produce a text which will “serve as a veritable resource material to a wide range of stakeholders … looking for current information on Nigerian law and practice.” It is, therefore, necessary to undertake an overview of the text to ascertain to which the author has made good her promise.

The substantive work is discussed under two broad parts. Part one, which is made up of 12 chapters, deals with individual employment law and straddles issues relating to formation of contracts of employment, duties and obligations of the parties, vulnerable groups, health  and  safety and termination of contracts of employment. On Part Two in its chapters focuses on its seven chapters on collective labour relations including trade unions, collective bargaining, industrial action and settlement of industrial disputes.

Chapter One provides a general introduction, which highlights the multidimensional nature of labour as encompassing human resource management, economics, sociology, psychology, politics, medicine and law, but however, delimits the scope of the work as focusing on legal aspects. The chapter also provides a brief overview of the history and sources of Nigerian labour law and other fundamentals, including the distinction between employees and independent contractors and the issue of triangular employment in the light of common law, statutory provisions also with reference to the international Labour

Organisation (ILO) concept of decent work. Chapter Three discusses issues peculiar to vulnerable groups who are susceptible to exploitation and marginalisation in the work in the work environment.

These include children and young persons, women, persons living with HIV/AIDS, workers with disabilities and informal sector workers.

Chapter Four deals with the peculiar issue of employment of public servants and their special status in relation to termination of employment which has become quite topical in view of the 1981 Supreme Court decision in the landmark case of Shitta Bay v Federal Civil Service Commission. Chapters Five and Six deal with express and implied rights and obligations of the parties under contracts of employment, while chapter Seven examines the vexed issue of the extent to which employees can be said to have security of tenure under Nigerian law. The chapter further examines the legal position with regard to suspension and dismissal of employees for misconduct, including those bordering on the commission of a crime. The chapter, which also includes an examination of the legal status of an employee in official accommodation, ends with an insight into the new path being charted by the National Industrial Court in the provision of suitable remedies for wrongful termination.

Chapters nine and 10 of the book deals with issues related to health, safety and welfare at work. In this regard, Chapter Nine discusses the common law dimensions, highlighting the nature and extent of the obligations of employers to ensure the safety of his employees as well as the defence available to such employers under the factories’ Act, while Chapter 11 carries out a comprehensive analysis of the employees’ welfare and social security. In doing this, both the repealed Workmen’s Compensation Act the newly promulgated Employees compensation Act 2010 are critically examined. In particular, the chapter highlights the novel provisions of the latter statue, as well as possible challenges of implementation, particularly as regards the almost exclusive role of the National Social Insurance Trust Fund and the exclusion of the National Insurance Commission. It also brings to light certain inconsistencies in the language of the new Act. Chapter 12 concludes the discourse on individual employment by looking at the issue of occupational disease under various laws, including the limited safeguards in the factories’ Act and the more comprehensive provisions of the employees’ Compensation act.

ILO regards standards and agenda on employment injury benefits and decent work, and its important role in harmonising policy development on occupational diseases is emphasised. The chapter also projects into the future by highlighting the main features of the yet-to-be promulgated Labour Standards Bill of 2008. Other issues dealt with in the chapter include reproductive health in the workplace and social security. On the latter, the work examines the extent to which Nigeria could be said to have social protection in the light of the ILO Social

Security (Minimum Standards) Convention No 102 of 1952. In doing this, relevant Nigerian statues including the Pension Reform Act and the Nigerian Social Insurance Fund Act are analysed.

Part two of the book (Chapters 13-19) focuses on collective aspects of employment and labour laws, which straddle the different aspects of the tripartite relationship between employers, employees and trade unions. Chapters 13 and 14 examine trade unionism in Nigeria. While Chapter 13 traces the evolution of trade unions, Chapter 14 discusses the legal framework for their formation and regulation. In this regard, the book highlights constitutional and statutory provisions governing the formation of trade unions, its membership and funding, as well as the scope and limits of the right of freedom to associate.

The chapter further examines the intersections between trade unions and the law of tort. Chapter 15 undertakes a critical analysis of collective bargaining and agreements, including the legal status of collective agreements. This topic is particularly important, as the failure to understand its fundamentals, and to bring Nigeria law and practice in line with international standards have given rise to some of the  most disruptive industrial conflicts in vital sectors including the  educational and health sectors. Chapter 15 discusses strikes and other forms of industrial action such as lockouts.

Questions relating to the right to strike under international standards and the extent of its application in Nigeria, limits of the right in certain sectors and the effect of strikes on contracts of employment are dealt with. Chapters 17 and 18 focus on the settlement of industrial disputes. Chapter 17 discusses the transition from a government policy of non-interference in the pre-1968 era to the compulsory dispute settlement process as response to wartime challenges. It also discusses the situation under the Trade Disputes Act of 1976, which provides possibilities for settlement through mediation, conciliation and arbitration. Chapter 18 examine the National Industrial Court (NIC) and its composition, jurisdiction and issues related to its constitutionality as a superior court of record.

In conjunction with Chapter 19, the book brings to light novel provisions of the NIC and the far-reaching Constitution of the Federal Republic of Nigeria (Third Alteration Act), 2010 pertaining to composition and appointment of judges, status, civil and criminal jurisdiction, practice and procedure and appeal. The book ends with an appendix which reproduces texts of the constitution of the Federal Republic of Nigeria (Third Alteration Act), 2010 and the NIC Act of 2006.

The author has provided an up-to-date, succinct analysis of the laws governing labour and employment relations in Nigeria, which encompass individual and collective aspects. The work presents a balanced approach to an examination of labour law, tracing its historical evolution, and bringing users up to date with brilliant analysis of current statutory and case law developments, while also projecting into the future. The language is very clear and lucid. The work is well-structured and easy to read. What, however, sets it apart is its timeliness, coming at a time a sweeping wind of change is blowing across the law and practice of labour relations in Nigeria. The text, therefore, uniquely brings its readers up-to-date with the latest developments in the law. Beyond this however, a further distinguishing factor is its examination of the law and practice of labour law in Nigeria in the light of international standards, which have become more relevant than ever before in view of the expanded jurisdiction of the NIC on unfair labour practices and international best practices. This book, therefore, fills the vacuum in previous texts, and for this reason, it is a most welcome and timely contribution to existing knowledge in the field. Indeed, one can say that the close to three decades experience of the author as a teacher and consultant in this area of the law have been brought to bear in the high quality of the research and writing that went into the production of the text.

The publishers deserve commendation for its excellent production. I highly recommend it to my fellow teachers, judges, lawyers, students and the public.

*Dr Oyewunmi is a Senior Lecturer, Commercial and Industrial Law, University of Lagos.