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B N W: Biafra Nigeria World News |
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A vote for NLC decentralisationignatius orisewezieTrade unionism is propelled and driven by strength of number. Group dynamics is its vital essence and potency. Therefore bulkanisation brings about its weakness. Thus, just as a woman whose beauty is the only basis of her identity and self-esteem will behave with particular desperation when the aging process sets in, so is the Nigeria Labour Congress (NLC) in great discomfort in the face of apparent threat to its vital force. The Federal Government and the NLC are like two friends who do not trust each other. They swear at every river they cross. The parable of the bird on a rope best characterizes their relationship. Neither the bird nor the rope is ever at rest. The clash of interest between them is not peculiar to the Nigerian environment. Everywhere, government has inherent tendency to grow monstrous and dictatorial. In such circumstance, labour often wears an infantry cloak in defence of the common man against executive excesses. A balanced view of Labour will show that its opposing spirit is healthy for the functioning of democracy. Its immense and unified strength is conducive for national development. Unions do facilitate the acceptance of certain policies that would have otherwise been difficult to sell to the public. Thus, notwithstanding, its seeming nuisance value and incessant strikes with attendant toll on the economy, a strong labour union is a great national asset, such that weakening it may be dangerous to the health of the polity. It is dangerous in the sense that in trying moments, when the nation may require the strength and vitality of labour, such a force may no longer be there to be mobilised. In such a day of jackal, we may suddenly discover that the wall we built around us to keep us out of sadness may also keep us out of joy. Be that as it may, there is the need to give government the benefit of doubt in its determination to reshape the labour movement. President Olusegun Obasanjo has said the bill he sent to the National Assembly is intended to make NLC stronger and more democratic. Is anyone afraid of democracy? Without prejudice to the content of the bill, I hold that a fundamental overhaul of the Labour Act of 1974 is an idea which time has come. The Act lags behind the prevailing environment in labour affairs. For example, section 91(1)(b) defines worker as a person who performs manual labour and clerical duties. It expressly excludes personnel on administrative, executive, technical or professional functions from the ambit of the Labour Law. The implication of the narrow definition is that certain legal protections which avail the junior staff are denied the senior staff. Thus, in the case of Evans Bros (Nig) Publishing Ltd V Falaiye (2003)13 NWLR (pt838). 564, the court held that the respondent who was a senior editor, could not avail himself of the provision of section 20 of the Labour Act, which deals with redundancy. Justice Akintan, reasoned that since the editor was exercising administrative and executive functions, he did not qualify to be described as a worker under section 91(1)(b) of the Labour Act. Professor Emeka Chianu in his Employment Law (2004), in reaction to Falaiye�s case (supra), calls for a broader construction of the Act to give protection to more employees rather than upholding the narrow definition of the term, worker. It is also common knowledge that despite the exclusion of senior staff and employees of certain key establishments from trade unionism, the truth is that they are involved in unionism. For example, all members of ASUU are senior staff. A new labour law which would at least liberalise labour movement, making it open to both junior and senior staff is imperative to address these anomalies. Liberalisation of the law would make labour more democratic. The point being made is that notwithstanding the seeming vindictive prompting of the bill, we must be sincere with ourselves that the moment we are in now calls for sober thinking devoid of sentiments. All concerned should be worried and ponder on how to solve the national embarrassment of labour unrest. Neither government nor the organised and non-organised labour is happy with the incalculable harm which the incessant strike is doing to our economy. Therefore, if the object of the new bill is to restrict strikes, it may not be altogether a bad idea. But it is important for government to appreciate the maxim that he who comes to equity must come with clean hand. The beauty of democracy is that the author of a bill may not necessarily determine its final outcome. The National Assembly should, therefore, thoroughly weigh the consequences of various options. Suffice it to say in the manner of Aristotle that between two extremes, a middle course is golden. The balance of convenience and national interest should prevail. �Orisewezie lives in Lagos.
Wednesday, July 14, 2004 |
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