By Mariam Aligbeh
As labour disputes continue to unsettle key sectors of the Nigerian economy, legal and industrial relations experts have urged employers and human resource professionals to strengthen their understanding of trade union laws. They say this will promote workplace harmony and help avert costly conflicts.
Labour and employment lawyer Jamiu Akolade and Bimbo Atilola, Managing Partner at Hybrid Solicitors and Lead Legal Consultant to the Chartered Institute of Personnel Management of Nigeria (CIPM), shared these insights while reacting to ongoing tensions between employers and labour unions in Nigeria’s private sector.
Akolade, speaking on managing trade union issues in Nigeria, observed that unions can be “a nightmare or partners in progress,” depending on how management handles them. He stressed the importance of managers understanding the fundamentals of trade union law, noting that “they are not going anywhere soon.”
According to him, Nigerian workers have a constitutional right to join and participate in trade union activities without interference from their employers. Citing Section 12(4) of the Trade Unions Act and the case of Nestoil v NUPENG, Akolade emphasised that employers are legally obliged to recognise and engage with unions representing their staff, and to enter collective bargaining when necessary.
He added that workers may only belong to unions relevant to their trade. “A doctor cannot join NUPENG, which represents oil workers,” he said.
Akolade also pointed out that management staff are not permitted to belong to any union to prevent conflicts of interest, in line with Section 3(3) of the Trade Unions Act.
On industrial action, Akolade explained that while employees have the right to strike, they must first exhaust options such as negotiation, mediation, and arbitration. He added that workers in essential services—such as power, security, oil and gas, banking, and telecommunications—are not permitted to go on strike, and employers can seek injunctions to prevent such actions where necessary.
Also commenting, Atilola likened trade unions to “Oliver Twist—always asking for more.” He urged employers to prepare thoroughly for negotiations, noting that even after redundancy agreements are settled, unions often push for additional ex gratia payments.
He reminded HR professionals that union leaders remain employees and must adhere to company policies and disciplinary procedures. “Trade union leaders are first employees before anything else,” he stated.
While employers reserve the right to transfer staff, Atilola noted that good industrial relations practice encourages keeping local union leaders in one location during their tenure.
He further explained that picketing, which is a lawful act of persuasion by union members, must remain peaceful. “It does not include locking up offices, burning tyres, or blocking roads,” he said.
Atilola also clarified that the design and review of employee handbooks are strictly management functions, not union responsibilities, and advised HR professionals to maintain clear boundaries between negotiation and management decisions.
Both experts concluded that mutual respect, adherence to labour laws, and effective communication remain the most reliable ways for organisations to prevent industrial unrest and foster stronger employee relations.
