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18 July 1985

Nigeria Government Gazette supplement dated 1985-07-18 number 37 part B

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    Supplementto Official Gazette No. 37 Vol. 72, 18th July, 1985—Part B ..
    S.1. 19 of 1985

.                                 TRADE DISPUTES ACT 1976,
2                         .       |      (1976 No. 7)
     Trade Dispute (National ‘Union of Food, Beverages and Tobacco Employees and
                              Managementof Cadbury Nigeria Limited)
                                Confirmation of Award Notice 1985

        Pursuant to the provisions of section 9 (3).of the Trade Disputes Act, 1976, the
    Industrial Arbitration Panel award made on 28th January,.1985 and set out in the Schedule
    hereto has been confirmed by me,the Minister of Employment, Labour and Productivity
    and shall have effect as so confirmed in accordance with, those provisions,

                                         '’ SCHEDULE

      NameofArbitration, ete. "* Parties in Dispute.              "Terms of Award

    Industrial Arbitration’ - National Union of Food, ‘“(a) That onits true construction,
      Panel,                    ‘Beverages and Tobacco’  the said agreement was not mis-
                              ’ Employees and Manage-    applied by management setting
                                  ment of-Cadbury Nigeria    up investigation panels that did
                                  Limited,                   not include union representatives;
                                                            (b) However, the Tribunal finds
                                                 le          that the suspension of the
                                                             workers, done as a result of the ©
                                                             ‘incident’ of 18th. May, 1982,
                                                             ‘was contrary to the parties
                                                             intention behind the agreement.
                                                              The Tribunal therefore awards
                                                              that all the workers suspended
                                                              following the ‘violent’ industrial
                                                              action of 18th May be paid in
                                                            > fulltheir salaries and otherentitle-
                                                              ™ments accruing if any, for the
                                                            whole period ofthe suspension;
.                     ,                                  (c) As opposed to the suspension,
                                                      _.    the termination of the appoint-
                                               an           ments of the 19 employees—
                                                 ‘            who, the Tribunal finds do not
                                                              comprise all the company’s shop
                                                              stewards— is not wrongfulin all
                                                              cases. [tis wrongful with respect
                                                              to 7 only and quite in order as
                                                              regards the remaining twelve.
                                                              The Tribunal “therefore directs
                                                              that the 7 employees be paid
                                                              their salaries and other entitle-
                                                              ménts in full up to the date of
                                                              this award and then declared
                                                              redundant. The seven are :-—
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