8th May, 2012
Human rights lawyer, Femi Falana has decried the sacking of 788 doctors by the Lagos State government for going on strike.
He said in a statement today that the action of the government came as a surprise to many at a time the trade dispute was being resolved.
Falana said under the Trade Dispute Act, an employer has no powers to sack workers who embark on strike.
According him, “when there was a strike by doctors working in the Lagos State public service the last time, I led a team of civil society leaders to meet with both sides which contributed to the resolution of the crisis.
“Once again, we met on Sunday, 6 May and constituted a team to meet with officials of the government and the striking doctors on Wednesday 9 May, 2012. But to our utter chagrin, the doctors were dismissed from service yesterday. In view of the far-reaching implication of this action, we urge Governor Babatunde Fashola, SAN, to reverse the decision and file a complaint before the National Industrial Court for urgent determination of the industrial dispute.”
He added: “Under the Trade Dispute Act, an employer has no powers to sack workers who embark on strike. In military governor of Lagos State vs Ojukwu and Attorney General of Lagos vs Attorney General of the Federation, the Supreme Court held that the government which operates under the rule of law should desist from resorting to self-help in settling disputes.
“Therefore, Governor Fashola should recall the dismissed doctors and direct the State Attorney General to file a suit at the National Industrial Court without any delay.
“Otherwise, other state governments in the country may adopt the dangerous policy of sacking workers whenever they participate in a trade dispute.”