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LEGISLATION TO CURB WORKPLACE CONFLICT


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Abstract

In the course of interactions between employers and employees, conflict is likely to emanate due to differences in perceptions, values, attitudes, interests and other policies. Scores of conflicts have been in record over the years especially the incessant strikes at local, state and national governmental levels in Nigeria. It is against this backdrop that the study examined the legislation to curb workplace conflict and management in Nigeria in recent years, with emphasis on incessant strikes by various labour unions, and the available statutory conflict management strategy. The study utilizes primary data to arrive at conclusion that conflict management mechanisms has largely been ineffective in the country and the statutory provided mechanism has been found to be misused in most occasions which is the major reason for the incessant strikes in the country. The study therefore recommends that government and organizations should ensure that managers and administrators are skilled in conflict management and organizations and unions be compelled to abide by the statutory provided mechanism for conflict management in the country.

CHAPTER ONE

INTRODUCTION

Background of the study

Organizations exist to attain certain crucial developmental objective, which may be in the form of service provision, profit maximization, production of goods and services, etc. Such obligations are attained with both human and material resources utilized efficiently and effectively. In the course of this, conflict is inevitable because of the coming together of people with different attitudes, beliefs, personalities, values, ideologies or interests. Therefore, conflict is a phenomenon attributed to all human groups, group activities and interactions between and among workers largely believed to have a devastating effect on production, success or development of an organization or business entity. Nigerian public and private organizations have over the years witnessed scores of conflicts which slows its phase as a result of strikes, protests, or other misunderstandings and efforts towards curtailing such menaces are observed to exist in many occasions, but remained unabated and continue posing negative challenges to growth and development of organizations. Therefore, if conflict is not properly managed, increase in productivity or success cannot be attained. It is against this backdrop that the study critically analyses labour conflict issues in Nigeria and the available management techniques with emphasis on recent conflict records especially documented strikes across the various states in Nigeria. Every country’s historical and political context plays a significant role in the evolution of workers’ rights and shaping the future of those rights. (Amucheazi O. D. 2016) Labour movement constrained by past trajectories impacts one way or the other on labour rights and the process of democracy of a country. For instance, in South Africa given the apartheid system of governance, the labour movement first had to democratize in order to fight the apartheid government. (Stefan V. E. 2016) Thus, there was a transition from industrial democracy to political democracy while in Nigeria the converse was the case, a transition from political democracy to industrial democracy (Kanyip, B. 2016).  The labour movement clamours for social justice, fairness in the distribution of economic rewards, the administration of improved employment policies, provision of employee welfare, security, power to bargaining, self-determination, grievance procedures and co-determination. In the quest to achieve all these, it always encountered stiff opposition from employers whose interest is to increase flexibility, efficiency, profit-maximization, and protection of their property right. Due to the superior bargaining power and economic power of the employers, they usually had their interest met at the detriment of the conflicting interest of the labour movement or labour. In order to balance these powers, the labour movement looked towards state interventions and trade unionism to mediate.

STATEMENT OF THE PROBLEM

It is apparent that Nigeria is under industrial chaos and crisis. From independence to contemporary times, there have been series of industrial conflicts and strikes in the Nigerian industrial sector. Since the wake of the 21st century, the strike incidence and propensity have become unprecedented in view of the current democratic system of governance in the country. Between the periods, 1999 to 2002, though the incidence of strike was visibly infrequent, it witnessed about 153 work stoppages, and had a very high number (19,674,052) of man-days lost. It is in view of this that this study becomes pertinent to examine the legislation both internal (i.e organizational capacity) or external (i.e government legislation, and other labor laws) to curb workplace conflict in Nigeria.

OBJECTIVE OF THE STUDY

The study has one main objective that is sub-divided into general and specific objectives, the general objective is to examine the impact of legislation to curb workplace conflict, and the specific objectives are;

  1. To identify organizational legislation that is put in place to curb workplace conflict in Nigeria
  2. To examine the impact of conflict management skill of management in resolving workplace conflict
  3. To examine the effect of workplace conflict on organizational productivity
  4. To examine the relationship between workplace conflict resolution measures and organizational productivity
  5. RESEARCH QUESTIONS

The following research questions were formulated by the researcher to aid the completion of the study;

  1. Is there any significant relationship between workplace conflict resolution measures and organizational productivity?
  2. Does workplace conflict have any effect on organizational productivity
  3. Does conflict management skill of management helps in resolving workplace conflict?
  1. Are there organizational legislation that is put in place to curb workplace conflict in Nigeria?
    • RESEARCH HYPOTHESES

The following research hypotheses were formulated by the researcher to aid the completion of the study;

H0: There is no significant relationship between workplace conflict resolution measures and organizational productivity

H1: There is a significant relationship between workplace conflict resolution measures and organizational productivity

H0: there is no organizational legislation that is put in place to curb workplace conflict in Nigeria

H2: there are organizational legislation that is put in place to curb workplace conflict in Nigeria

SIGNIFICANCE OF THE STUDY

It is believed that at the completion of the findings will be of great importance to top management and other management personnel as the findings of the study will give them insight on the appropriate measures of ameliorating workplace conflict, the study will also be of great importance to researchers who intend to embark on a study in a similar topic as the findings of the study will serve as a pathfinder to further studies. The study will also be of great importance to students, teachers, academicians, researchers and general public as the findings of the study will serve as a reference point to further study and also contribute to knowledge on the subject matter.

SCOPE AND LIMITATION OF THE STUDY

The scope of the study covers the legislation to curb workplace conflict in Nigeria, in the course of the study, there are some factors that limit the scope of the studies;

  1. a) AVAILABILITY OF RESEARCH MATERIAL: The research material available to the researcher is insufficient, thereby limiting the study
  2. b) TIME: The time frame allocated to the study does not enhance wider coverage as the researcher has to combine other academic activities and examinations with the study.
  3. c) Organizational privacy: Limited Access to the selected auditing firm makes it difficult to get all the necessary and required information concerning the activities.

1.8 OPERATIONAL DEFINITION OF TERMS

Legislation

Legislation is law which has been promulgated by a legislature or other governing body or the process of making it.

Workplace

A workplace is a location where someone works for their employer, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of the most import

Conflict

Conflict is serious disagreement and argument about something important. If two people or groups are in conflict, they have had a serious disagreement or argument and have not yet reached agreement.

1.9 ORGANIZATION OF THE STUDY

This research work is organized in five chapters, for easy understanding, as follows

Chapter one is concern with the introduction, which consist of the (overview, of the study), statement of problem, objectives of the study, research hypotheses, significance of the study, scope and limitation of the study, definition of terms and historical background of the study. Chapter two highlights the theoretical framework on which the study is based, thus the review of related literature. Chapter three deals on the research design and methodology adopted in the study. Chapter four concentrate on the data collection and analysis and presentation of finding.  Chapter five gives summary, conclusion, and recommendations made of the study

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Author: SPROJECT NG