HR Talks
with
Moruf Kolawole Nasir (Experienced HR Practitioner)
Continuation of last week's article
2.
On the nature and enforceability of collective agreements:
Exhibit M is the main collective agreement made between the Nigeria Employers
Association of Banks, Insurance Companies and Allied Institutions and the
Association of Senior Staff of Banks, Insurance and Financial Institutions. This
document did not regulate the relationship between the appellant and the
respondent and none of them can sue on it here. Therefore, the call by the
appellant for this court to look at the document and make pronouncements on it
concerning summary dismissal has no legal basis. It was held by the court, that
collective agreements on their own do not give an individual employee the right to
bring an action in respect of any breach of its terms, unless they are accepted to form
part of the terms of employment.
This is good law because the agreement is not made between the employer and his
employee and the law is that, in contract, a non party cannot enforce it, even if it was
made for his benefit.
Exhibit M is the main collective agreement made between the Nigeria Employers
Association of Banks, Insurance Companies and Allied Institutions and the
Association of Senior Staff of Banks, Insurance and Financial Institutions. This
document did not regulate the relationship between the appellant and the
respondent and none of them can sue on it here. Therefore, the call by the
appellant for this court to look at the document and make pronouncements on it
concerning summary dismissal has no legal basis. It was held by the court, that
collective agreements on their own do not give an individual employee the right to
bring an action in respect of any breach of its terms, unless they are accepted to form
part of the terms of employment.
This is good law because the agreement is not made between the employer and his
employee and the law is that, in contract, a non party cannot enforce it, even if it was
made for his benefit.
