Abstract:
The Trade Disputes Act gives the Minister of Labour and Productivity the
lower to anticipate a trade dispute between industrial disputants and to take
the necessaiy steps to resolve them; he could he informed of same by parties
to the anticipated dispute. The Act gives the Minister the authority to take
specific actions toward the dispute's resolution in the course of his statutory
functions. The Minister decides whether the collective agreement deposited
with him hy parties as required by the Act is binding in full or in part, even if
the parties have voluntarily bargained and reached an agreement to settle the
dispute. Thus industrial harmony is necessaiy given Nigeria's current
undemocratic and conflict-prone labour relations. These abilities and
functions have basic implications that are capable of escalating conflicts.
When pacta sunt servanda is applied in conflict resolution, the Minister
would, at least, apparently be caught in a web of conflicts of interest as a
government agent. This work has employed the doctrinal research
methodology i.e. consulted juristic works in decisions of courts, textbooks,
journals, internet resources and statutory law to bring to question inter alia
the impact of the powers and functions of the Minister on the sanctity of
collective agreements. The work has recommended the appointment of a
neutral person to play the role of the minister during industrial disputes to
uphold the principles of natural justice and equality in labour law.
Key words: Labour, dispute, resolution, collective agreement, pacta sunt
servanda.
