RETHINKING THE POWERS, FUNCTIONS AND ROLES OF THE MINISTER OF LABOUR AND PRODUCTIVITY IN TRADE DISPUTE SETTLEMENTS IN NIGERIA

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.