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ASUU faults delay in transfer of suit to industrial court
THE Academic Staff Union of Universities (ASUU) has called on the Minister of Labour and Productivity, Dr. Hassan Lawal, to refer the union's objections to the Industrial Arbitration Panel (IAP) Award to the National Industrial Court (NIC).
Addressing a news conference on Wednesday in Ado-Ekiti, Ekiti State, ASUU national executive committee member and Ilorin zonal co-ordinator, Dr. Eddy Olanipekun, said the minister has unconstitutionally delayed the transfer of the suit.
He said it was sad to note that five months after the union submitted its letter of objection to IAP Award, the minister of labour and productivity has refused to refer the dispute between the union and the Federal Government to NIC".
Olanipekun added: "We cannot understand why a legal obligation which the minister (who is a lawyer) is required to perform forthwith has not been rendered since March 31, 2004, when our union registered its objection in accordance with Section 12 (2)(b) of the Trade Dispute Act, 1990. The section requires that a party, which is dissatisfied with an award should give the minister a notice of objection within seven days".
Besides, the union leader frowned at the refusal of the minister to comply with Section 12(2) of the Act which states that "on receipt of a copy of the award of the tribunal, the minister shall immediately cause it to be given to the parties or their representatives, and to be published in such a manner he thinks fit".
He said that contrary to the above provision, the minister neither notified the union of any award nor published it in any manner, until the union representatives obtained the award from the Ministry of Labour and Productivity on March 31, 2004.
"We cannot, but express our discomfiture and frustration with regards to the flagrant breach of law by this lawyer minister. The minister has refused to respect the law", he said.
Olanipekun said that despite the intervention of some organisations and well-meaning individuals in the matter, the minister refused to refer the dispute to NIC in exercise of his powers under Section 13(1) of the Act.
He said that rather, he wrote the union on August 9, 2004 that the March 18, 2004 IAP Award was being withdrawn for observed flaws and that the matter has been referred back to IAP for a reconsideration.
"But having communicated the award to the parties, the minister cannot turn around to refer the same trade dispute to IAP for a reconsideration, moreso that our union which is one of the parties to the dispute has exercised its statutory right of appeal", he declared.
He added that the union was prepared to use all legitimate means to ensure that the minister refers the matter to NIC.
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