Hello Distinguished lawyerNG members.
S. 47(1) of the Trade Dispute Act 2004 (herein referred to as TDA) defines trade dispute as "Any dispute between employer and workers or between workers and workers which is connected with the employment or non employment or the form of employment and physical condition of work of any person." thus where a conflict exist between the persons mentioned above, in regards to employmentor non employment or terms of employment and physical conditions of work of any person, then a trade dispute is said to exist. However legal observers and scholars are of the opinion that the TDA defination of trade dispute is rather restrictive and of a narrow view, as it fails to cover trade union dispute and intra- union dispute.
The National Industrial Court Act 2006 (herein referred to as N. I. C Act) came in this light to correct the defects that was present in TDA and most importantly to broaden the scope of what Trade dispute is.
With more specificity section 54 of the NIC Act, states as follows.
"trade dispute means any dispute between employers and employees, including disputes between their respective organisations and federations which is connected with (a) the employment or non employment of any person (b) term of employment and physical conditions of work of any person (c) the conclusion or variation of a collective agreement and (d) an alleged dispute. "
It is without doubt that NIC Act 2006, fully armed came to fill the Lucuna in the TDA by envisaging trade union dispute and intra union dispute as part of trade union dispute, and also to expand the exclusive jurisdiction of National industrial court which is jealously protected by the Act.
In conclusion, the jurisprudence of trade dispute is now determined by NIC Act, and as such the TDA and other federal enactment "shall" be construed with such modification as may be necessary to bring them into conformity with the provisions of this Act. S. 54 (4) (c) (ď) NIC Act 2016.
By Ikponmwosa Peters Aigbe Esq. Who is the pioneer of Settlement Hub, follow settlementhub on instagram for more.