Labour disputes, a result of lack of information, say labour, industrial experts

Experts in labour and industrial relations have said that majority of labour related disputes arise from a lack of knowledge and understanding of policies, legislations and processes.

Speaking at a Business Support Forum organised by the Employment and Industrial Relations Committee (EIRC) of the Nigerian Bar Association Section on Business Law (NBA-SBL), the Chairman of the Committee, Anthony Nwaochei stated that there was need to address the challenges of misinformation before to avoid full-blown labour crisis and disputes.

“What we find is that an industrial dispute would have occurred, before parties come to the table to dialogue or have any sort of conversation on the issue with the help of advisers. What we hope to achieve with the Business Support Forum, is to bring all parties i.e. stakeholders involved to the table for valuable discourse and to see if these challenges are policy issues we can affect or mere issues that happen for lack of information.”

“We will take a look at our policies and legislations and how we can positively influence them. Secondly, we hope to build the capacity practitioners like us who advice on the subject. We hope to bring everyone together now to discuss, exchange ideas and talk about policy issues and how we can affect them positively.”

The event, which took the shape of a discourse amongst stakeholders in labour and Industrial relations, had in attendance EIR lawyers Judicial officers, Human Resource Managers, and also employees. The discourse focused on day-to-day challenges arising for employment, labour and industrial relations and how stakeholders can positively influence policies and legislations.

Also speaking at the event, Templars Partner, Inam Wilson who is also a labour and employment expert, made a case for a review of our laws.

He said “The Labour Act we use today has been in existence for over 50 years, and while we have had several legislations over time, such as the Pension Reform Act, the National Health Insurance Scheme, the National Housing Fund and the likes of those, we must review our laws to meet the demands of time.” According to him, it is hoped that the forum would be a good place to address some of the critical issues that may direct these policy changes.

Speaking further on the objectives of the forum, the Chairman of the committee explained that the decision to involve stakeholders outside the legal profession was a deliberate one.

He said, “This is the only way we can avert recurrent disputes in the workplace. As advisers we are usually called in when it is a full-blown dispute and this neither helps the parties involved or the process. These disputes can be avoided from the word go and we feel the need to have a regular forum like this where we can discuss the challenges, proffer solutions and be better for it. This way, everyone benefits from it.”

He continued, “We also intend to start a programme for law students at the law school, and for young lawyers via various mentorship programmes. Also, the SBL through its new committee on training is focused on capacity building in specific areas and we will support this process as it relates to labour and industrial issues.

Reacting to questions on the confidence of National Industrial Court users in its decisions, Nwaochei said,

“This is the very essence of a forum of this nature. What you cannot say in open court, you can say in a forum like this, so that those adjudicating over matters, would at these gathering have a better understanding of the challenges.

“We must appreciate that employers have been employees at some point, so there is need to strike a balance. It is important we do, because at the end of the day, employment only thrives where business thrives. If the business dies, there will be no employment, so in as much as the courts feel the need to protect the employee, it must ensure that the employer feels a fair amount of protection for his business too. The courts must ensure a fair balance. “Yes, we have practitioners who have expressed strong opinions about the decision of the National Industrial Court, but the truth is we cannot run from it. We have to make them understand that it is not just about giving a judgment on a matter, but the far-reaching ramifications of this decision on everyone.

The EIRC business support forum was one in a series of several events planned by the employment and Industrial relations arm of the Section On Business Law with a view to building capacity for members and stakeholders.

The Committee was created by the Council of the SBL to positively influence legislation and policies in this area of law; and also to deepen the capacity of lawyers (in-house and external) in providing legal services on matters relating to employment and industrial relations.

Theodora Kio-Lawson