Author(s): JACKREECE, ALAYE BAIYENE AND AMAH, DABOTA SYLVANUS | Special Edition JUNE 2024
Abstract
This paper gives a comprehensive analysis of the Court of Appeal’s decision in NUHPSW V Outsourcing Services Ltd [2023] LPELR 60683(CA). This case brought to the fore the position that Collective Agreements are justiciable and enforceable in Nigeria. Collective Agreement is an agreement reached between workers union and their employers as a result of collective bargaining between the union and the employers. Prior to this Judgment, Nigerian courts have consistently followed the common law principle that, collective agreements are binding only in honour and also not enforceable due to the absence of privity of contract. This paper follows a doctrinal methodology relying on primary and secondary sources of law. The findings got from the case under review is that it has put to rest the common law position that collective agreements are generally not justiciable and is devoid of sanction because there is no intention to create legal relations by the parties, hence it is perceived as a gentleman’s agreement, a product of trade union pressure. This paper recommends that the National Industrial Court of Nigeria can enforce collective agreements since section 254C(1)and(2)of the Constitution (as amended) (3rd alteration) has conferred exclusive jurisdiction on labour matters on it, that since the constitution has also allowed it to apply international best practices on labour matters, it can employ the labour treaties ratified by Nigeria.
Keywords: Collective Agreement, Collective Bargaining, Justiciability, Enforceability, Labour Law