The importance of an industrial court in the interpretation of labour statutes |
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Authors: | E Emudainohwo |
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Institution: | 1. Public Law, Faculty of Law, Delta State University, Oleh, Nigeria eemuobo@yahoo.co.uk |
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Abstract: | The paper highlights the National Industrial Court of Nigeria’s (NICN) importance over the general courts in the interpretation of labour statutes. It compares the judicial interpretation of some provisions of labour statutes by the general courts in Nigeria (represented herein by the Supreme Court of Nigeria’s interpretation of same provisions) with the interpretation of the NICN of same provisions. It argues that the NICN’s interpretation is more favourable to labour rights than that of the general courts. It makes use of the rules of judicial interpretation and Ronald Dworkin’s discussion on interpretation as a framework and adds to it by comparing the judicial interpretation of some provisions of labour statutes by the general courts with that of the NICN. It noted that the NICN’s interpretation was more purposive and promoted labour rights than that of the general courts. The Supreme Court cases used to represent the position of the general courts were those decided before exclusive jurisdiction on employment and labour matters was conferred on the NICN in 2010. Presently, even though the general courts no more have jurisdiction to hear and interpret employment and labour matters the NICN’s interpretations continues to promote labour rights. |
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