A Critical Appraisal of the Right to Strike in Nigeria
A. B. Ahmed
Abstract
Conflict in industrial relation is almost inevitable because of the divergent interest and aspirations of the two
parties in the relationship, that the employer and employee. This most of the times touches on very critical issues
like wages and other conditions of employment. Resolving these issues require negations, compromise,
concessions which are usually done through the process of collective bargaining. The problem is that the process
of collective bargaining is not ordinarily effective and can hardly resolve the differences, if the parties are denied
the right to use the weapons within their armoury (lock out for the employer and strike for the employee). So
where the problems are not resolved through negations any of the parties can declare an industrial action. When
this occurs, it negatively affects industrial peace, particularly if it is allowed to degenerate into strike action.
Although strike actions are generally allowed and protected by several international instruments and most states
legislations. But because of the negative consequences of the right to strike, states has always controlled or
restricted its use through appropriate legislations. A critical examination of the relevant legislations in Nigeria
shows that there are too many stringent conditions which have almost denied the worker his right to strike. The
paper recommends that these conditions be relaxed, particularly those giving wide powers to the employer to
terminate the employee for breach of contract or deny him his other statutory benefits.
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