Tag Archives: Trade Disputes Act

Nature of Collective Agreements in Nigeria: A Panoramic Analysis of Inherent Implementation Challenges (Published)

This paper x-rayed the fate of employees in Nigeria against the backdrop of incessant renege and socioeconomic setbacks associated with the dearth of implementation of duly concluded and perfected collective agreements in Nigeria. The paper examined the decision in Osoh and Ors Vs. Unity Bank Plc. which distilled common law principle on collective agreement vis-à-vis the extant provisions of the said Trade Disputes Act 1990 and finds that in the said Osoh’s case, the trial, lower and Supreme Courts failed to address the extant requirements for enforcement at law of a collective agreement but rather relied heavily on common law principle which regards collective agreement as a gentleman agreement. The paper also finds that both under statutory and common laws, the employees in Nigeria are usually treated unfairly due to dearth of political will, absence of governance structure and timely budgetary provisions with which to implement collective agreements timeously or at all. Therefore, the paper recommends, among other things, that inherent implementation challenges of collective agreements could be corrected if the government, employers, employees’ unions and the courts subject themselves to the rule of law and due process driven by the interests of both the employer and employees

Keywords: Collective Agreements, Employees, Employers, Implementation, Trade Disputes Act