Kwara State Government has been declared to have complied with the extant law relating to deduction of Teacher check- up dues in the case instituted against its institutions, by some groups of teachers in the State at the National Industrial Court, Akure.
The Complainants Aduagba Mansur & 4 Others who are teachers employed by Kwara State Teaching Service Commission have recently instituted an action against the defendants the Kwara State Teaching Service Commission and 4 Others, at the National Industrial Court, Akure DivisionOndo State.
The Claimants, at the Industrial Court, contended that they are not members of the Nigeria Union of Teachers and as such, should not be subjected to the deduction of check-off dues from their salaries which they had been encountering for some months ago.
The defendants, led by the Kwara State Attorney General, Senior Ibrahim Sulyman (Esq) opposed the claim, arguing that by virtue of their employment, they were automatically members of NUT.
Senior Sulyman stated that the Labour Act and trade unions Act legally permitted check -off dues deductions unless the employee formally opted out and the deductions were lawful and in line with the enabling laws governing employment and trade union membership.
The issues for determination were: 1. whether the Claimants were members of NUT by virtue of their employment, 2.whether the deduction of check off dues from their salaries were lawful and whether the claimants had validly opted out of union membership.
After reviewing the arguments presented by both parties, the court dismissed the Claimants’ claim and held as follows: Automatic Membership upon employment,The court ruled that public sector teachers are automatically members of the Nigeria Union of Teachers (NUT) unless they officially withdraw in line with the provision of the law.
It held, It relied on the Labour Act, which recognizes automatic union membership for employees in unionized workplaces.
Moreso, that the deductions of check-off dues were lawful and is in consonance with the provision of both the Trade Unions Act and labour Act; adding that the claimants failed to provide evidence that they had properly opted out of the union, hence the defendant action becomes valid.
The Court furthermore held that, there was no basis for refund or granting of injunction to establish legal basis for ordering a refund since the deductions were made by the complainants; also that the Claimants failed to follow due process in withdrawing from the union; thus, said the court refused to grant an injunction stopping further deductions. Finally, the court dismissed the claimants case.
