Industrial collective bargaining and settlement mechanisms in the workplace in Nigeria

This study examines the emergent general framework for the settlement of trade disputes in Nigeria. The examination of the nature of trade disputes and its attendant need for resolution of same to avoid societal degeneration and chaos, this study focused first on the role of collective agreements upon which trade dispute resolution stands or falls. The study found also that intervention by statutory arbitral bodies as stipulated by the Trade Disputes Act is largely dependent on the wide discretionary ambit of intervention granted to the Minister for Labour. The study further found that the National Industrial Court as the constitutionally ordained exclusive arbiter in respect of labour matters, falls short of international labour standards by its limitation of the right to appeal on civil matters as opposed to the unlimited right to appeal granted in criminal matters. The study goes further to recommend positive judicial activism on the enforceability of collective agreements, a legislative fettering of ministerial discretion via an amendment of the Trade Disputes Act and a constitutional amendment reflecting an unlimited right of appeal in civil matters from the decisions taken by the National Industrial Court.