- 20 Marks
BCL – L1 – Q105 – Employment law
Question
Kolan Company Limited has been operating in Nigeria in the oil and gas sector for over ten (10) years. It had been operating in a unionized environment since its inception. However, as a result of operational challenges, the company shut down its operations briefly but has resumed operations.
Upon resumption of operations, management has reckoned that there must be a cessation of union activities in the company. Employees agreed to management’s decision to operate without a Union.
This has gone on for three (3) years. However, junior employees have begun to agitate for the re-introduction of the union in the organization. Top management is however not in agreement.
Required
Advise your management on how to resolve this impasse.
Answer
Advice to Management of KOLAN Company Section 10 (d) Management of KOLAN Company should know that ‘Workers have the right to join any union’ and 79 (1) ‘workers are free to join any trade unions of their choice’ of Labour Act, 2003, (Act 651) (4marks). Article 24 (3) of the constitution of the Republic of Nigeria 1992 (2marks). Section 14 (a) Management of KOLAN Company should not prevent the workers from forming unions since ‘an employer shall not force an employee to join or refrain from any union’ of Labour Act, 2003, (Act 651) (3marks). Section 63 (2) (a) and (b) Therefore the management cannot terminate the workers’ appointment because of union activities ‘it is unfair to terminate a worker’s contract because he or she is a member of a trade union or is acting as workers’ representative’ of Labour Act, 2003, (Act 651) (5marks). Section 127(1) If they continue to resist them from forming trade unions, then they shall be guilty of unfair labour practice as ‘a person who discriminates against another person because of his or her affiliation to a trade union shall be guilty of unfair labour practice’ and (2) ‘a person who seeks to induce a worker to refrain from becoming a member of a trade or officer of a trade union shall be guilty of unfair labour practice’ of Labour Act, 2003, (Act 651)
- Topic: Employment Law
- Uploader: Samuel Duah