NICN Archives

THE LEGALITY OF SERVICE BONDS IN EMPLOYMENT RELATIONS

Whether employees can bolt after benefitting from employer training? A service bond under employment relations is a special agreement between an employer and an employee whereby the employee agrees to work for the employer for a specified period under certain conditions. The agreement is usually necessitated where, for instance, an employer trains an employee and […]

stephenazubuike
April 2, 2025
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157 Views

Case Law

APPLICATION OF LIMITATION LAW TO EMPLOYMENT CONTRACTS AND THE COMMON LAW PRINCIPLES OF LACHES AND ACQUIESCENCE

Introduction There is a wave of judicial decisions emanating from the National Industrial Court of Nigeria (NICN) to the effect that statutes of limitation do not apply to employment contracts. The latest of such decisions to my knowledge is the case of Grant Iheanacho v. BAP Services Limited1 decided on 20 August 2024.2 In arriving […]

stephenazubuike
November 28, 2024
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125 Views

Case Law

NATIONAL INDUSTRIAL COURT BREAKS THE LOGJAM IN THE APPOINTMENT OF JUDICIAL OFFICERS IN ABIA STATE, NIGERIA

The move to appoint new judges for the Abia State Judiciary had suffered some serious setbacks since 2022. The problem was connected with the process of appointment of judicial officers in Abia State which the Abia State Judicial Service Commission (“the Commission”) has the constitutional power to oversee, subject to the approval of the National […]

stephenazubuike
August 25, 2024
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70 Views

Case Law

ASSOCIATIONS REGISTERED UNDER CAMA CANNOT LEGALLY OPERATE AS TRADE UNIONS

Introduction An interesting decision emanating from the National Industrial Court of Nigeria (NICN), Port Harcourt Division, re-establishes the limits and boundaries of associations that can be registered by the Corporate Affairs Commission (CAC) under Part F of the Companies and Allied Matters Act 2020 (CAMA) which governs incorporated trustees. In Maritime Workers Union of Nigeria […]

stephenazubuike
December 19, 2023
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67 Views

Case Law

IS AN EMPLOYER’S FINANCIAL DISTRESS A LEGAL JUSTIFICATION FOR FAILURE TO PAY SALARIES?

It is not uncommon for some employers of labour to owe salaries. Some responsible employers do well to live up to their responsibilities by ensuring that even when salaries are owed, efforts are made to pay up timeously. This category of employers understand that workers deserve their wages, as even the Bible instructs. However, there […]

stephenazubuike
July 30, 2023
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44 Views

Case Law

DOES THE NICN HAVE THE POWER TO APPLY UNRATIFIED INTERNATIONAL LEGAL INSTRUMENTS RELATING TO EMPLOYMENT?

DOES THE NICN HAVE THE POWER TO APPLY UNRATIFIED INTERNATIONAL LEGAL INSTRUMENTS RELATING TO EMPLOYMENT? The application of what is constitutionally expressed as “international best practices in labour” and “international labour standards” by the National Industrial Court of Nigeria (NICN) has been the subject of serious controversies. In recent times, the NICN has been consistent […]

stephenazubuike
July 13, 2023
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58 Views

Case Law

HARMONISATION OF ISSUES FOR DETERMINATION AS A CASE MANAGEMENT STRATEGY

HARMONISATION OF ISSUES FOR DETERMINATION AS A CASE MANAGEMENT STRATEGY Case management strategy is key to the effective determination of disputes in litigation. An example of a case management strategy is the idea of harmonisation of legal issues for determination. Issues for determination are questions posed by parties to a case through their respective counsel. […]

stephenazubuike
July 12, 2023
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47 Views

Case Law

TRAQUINI V. ASC NIGERIA LTD [2021] – PART II

Traquini v. ASC Nigeria Ltd (Suit No. NICN/LA/580/2017) Judgment was delivered on 10 March 2021. The Claimant (Jorge Allende Iriate Traquini), a foreigner, was employed as a General Manager for the Defendant (ASC Nigeria Ltd) in Nigeria through the Defendant’s parent company, Energy Resources International Ltd (member of the ONSTREAM Group) based in Anguilla, the […]

stephenazubuike
March 27, 2021
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68 Views

Case Law

[LOCUS CLASSICUS]: COURT RULES THAT IN SPECIAL CASES, AN EMPLOYER CAN PAY PENSION FUND DIRECTLY TO AN EMPLOYEE

Introduction It is rewarding for an employee to work through the years and have something to fall back on, in terms of pension – retirement funds. The law acknowledges this fact. Thus, necessary provisions are made as contained in the Pension Reform Act 2014 (“The Act”). The Act governs and regulates the administration of the […]

stephenazubuike
March 27, 2021
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53 Views

Case Law

HOW THE NATIONAL INDUSTRIAL COURT STOPPED FEMI FALANA SAN FROM STRETCHING RIGHT TO FAIR HEARING TOO FAR

The National Industrial Court of Nigeria (NICN) is a specialised Court created by the Constitution of the Federal Republic of Nigeria 1999 (as amended) with the exclusive jurisdiction to hear and determine cases relating to employment. Unlike other courts, the NICN is one Court in Nigeria that has demonstrated the hunger of the Nigerian courts […]

stephenazubuike
February 29, 2020
0 Comments
20 Views

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