APPRAISAL OF THE LEGAL MECHANISMS FOR RESOLVINGLABOURAND INDUSTRIAL RELATIONS DISPUTES IN NIGERIA

Abstract

It is axiomatic that labour and industrial relations disputes touch on the sustainability of nation’s economic growth and development and could constitute a clog in the wheel of rapid economic, social and industrial development of the nation. This research was motivated by the statutory and constitutional challenges of the various legal mechanisms for resolving labour and industrial disputes in Nigeria.It is to appraise the legal mechanisms for resolving labour and industrial disputes in Nigeria,bringing to the fore its challenges and prospects.The legal mechanisms identified and appraised are – Collective bargaining and agreement; mediation; conciliation; industrial arbitration Panel; and Board of inquiry.In appraising these mechanisms, we adopted the doctrinal research method byanalysing legal texts, judicial decisions and scholarly opinions and examined the constitutional provisions in relation to labour and industrial relations disputes. It found that the Minister has overbearing influence on the autonomy of parties in dispute. While appreciating the radical innovations brought about by Third Alteration to the Constitution of the Federal Republic of Nigeria,1999. Recommendations are made for a further review of the Constitution so that the legal mechanisms are strengthened for expeditious, effective and efficient Labour and industrial relations justice delivery in Nigeria. There is the urgent need to build more National Industrial Court Judicial Divisions. Some provisions of the Trade Disputes Act1 and the National Industrial Act2 should be reviewed to be in tandem with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended).