An appraisal of the implementation of freedom of association as a labour right: Nigerian perspective

Emudainohwo, Emuobo Theresa (2016) An appraisal of the implementation of freedom of association as a labour right: Nigerian perspective. PhD thesis, University of Glasgow.

Abstract

This thesis aims to appraise the implementation of freedom of association as a labour right in Nigerian law. Freedom of association is recognized as a fundamental or human right of workers both in international law and within the domestic legal systems of most nation states, Nigeria inclusive. This thesis considers the question of the potential benefits and difficulties involved in conceiving of labour rights as human rights, and investigates the influence of human rights discourse and international labour standards on Nigerian legislation and the interpretation of freedom of association by the Nigerian courts. In addition, it considers the suitability of the ordinary courts, specialised labour courts, and alternative dispute resolution procedures to the enforcement of rights to freedom of association within Nigeria. Highlighting the significance of inequalities of bargaining power between workers and employers, accentuated in an era of globalization, and building on Ronald Dworkin‘s notion of ‗purposive interpretation‘, the thesis argues that the National Industrial Court of Nigeria (NICN) is the forum best suited to the enforcement of rights to freedom of association. In the current political context in Nigeria, this argument assumes a particular significance and even urgency since legislation is currently before the National Assembly which would remove the exclusive jurisdiction which the NICN enjoys in respect of labour disputes.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Dukes, Dr. Ruth and Christodoulidis, Prof. Emilios
• Date of Award: 2016
• Depositing User: Mrs Marie Cairney
• Unique ID: glathesis:2016-7442
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 20 Jun 2016 08:11
• Last Modified: 04 Mar 2024 09:50
• Thesis DOI: 10.5525/gla.thesis.7442
• URI: https://theses.gla.ac.uk/id/eprint/7442