Courtroom restrains agency from forcing staff to affix union
His Lordship, Hon. Justice Isaac Essien of the Nationwide Industrial Courtroom of Nigeria, Lagos Judicial division has granted an order restraining the Iron Merchandise Industries Ltd, its brokers, servants or privies from forcing the staff of Iron Metal Merchandise Ltd to affix any Union or Affiliation towards their will, or terminating of their employment for failure to affix a commerce union or affiliation of no matter identify.
The Courtroom held that the agency coercion and intimidation of the workers to affix a union opposite to their will is illegal and unconstitutional, restrained the union from deducting their salaries for the aim of cost of any union dues.
From info, the claimants- Mr. Adedotun Shile (Suing for himself and on behalf of staff of Iron Metal Merchandise Ltd.) had submitted that they had been members of the Metal and Engineering Employees Union of Nigeria [SEWUN] however withdrew their membership from the Union someday in 2010.
Additional that since 2014 they’ve been receiving threats of dismissal from the agency for refusal to affix the union that if the Defendant shouldn’t be restrained from finishing up the menace to dismiss the employees for refusal to affix the union, the employees might lose their jobs and can be denied their technique of livelihood urged the Courtroom to grant the reliefs sought.
In defence, the defendant argued that the agency shouldn’t be unmindful of the constitutional provision and the Labour Act which abhors coercion and permits freedom of Affiliation urged the court docket to guard the curiosity of the defendant from the hazard of the claimants refusal to affix SEWUN.
Delivering the judgment, the presiding Choose, Justice Isaac Essien held that the acts of the defendant is in breach of the provisions of the Structure and the Commerce Union Act which outlaws any try and power an worker to be a member of a commerce union or be victimised for refusing to affix or stay a member of a commerce union.