Industrial Court Stops Maritime Workers Union Strike at INTELS
The National Industrial Court of Nigeria, sitting in Port Harcourt, Rivers State, has granted an Order of Interim Injunction restraining the Maritime Workers Union of Nigeria (MWUN) and the Senior Staff Association of Statutory Corporations and Government Owned Companies (SSASCGOC) from embarking on or continuing any industrial action against INTELS Nigeria Limited.
The order was issued on Wednesday, December 16, 2020 by the Presiding Judge, Hon. Justice F.I. Kola-Olalere, while ruling on an ex-parte motion in suit number NICN/PHC/155/2020 filed by INTELS.
The court also restrained the unions from preventing the staff of INTELS from entering the company’s operational areas and facilities to perform their duties.
Recall that MWUN and SSASCGOC began an indefinite strike at INTELS on Monday, December 14, 2020 over the redundancy of some workers at the Onne Port, Rivers State.
However, the management of INTELS expressed concern over the industrial action, which it said had negatively impacted its services at the port.
INTELS said the affected workers were not its employees, but staff of one of its labour contractors named Associated Maritime Services Limited (AMS).
Ruling on the ex-parte application, Justice Kola-Olalere ordered as follows:
“I hereby grant an Order of Interim Injunction pending the determination of the Motion on Notice restraining all the Defendants, their Agents as contained in prayer one of the this application at page I36 and page 137 of the record from continuing their industrial action, work to rule, strike and/or work stoppage which will howsoever affect the business activities of the Claimant/Applicant or any of its clients in any of the Claimant/Applicant’s 4 (four) operational areas located at Onne and Port Harcourt Ports in Rivers State, Warri in Delta State, and Calabar Port in Cross River State.
“I hereby grant an Order of Interim Injunction pending the determination of the Motion on Notice in prayer 2 restraining the Defendants, their Agents, Assigns, Executors, Representatives and Persons Corporate and Non-Corporate claiming through them from preventing the staff of the Claimant or those seconded to it by other companies and who are not affected by the declaration of redundancy from entering the operational areas and facilities of the Claimant/Applicant and performing their duties and/or rendering services for which they were employed by Claimant/Applicant in any of the 4 (four) operational areas of the Claimant/Applicant located at Onne and Port Harcourt Ports in Rivers State, Warri in Delta State and Calabar Port in Cross River State.
“I hereby grant an Order of Interim Injunction pending the determination of the Motion on Notice in prayer 3 restraining the Defendants, their Agents, Assigns, Executors, Representatives and Persons Corporate and Non-Corporate claiming through them from preventing the Claimant/Applicant’s staff and those seconded to it from exercising their freedom of movement including entering into and exiting from the Claimant/Applicant, it associated companies and clients’ premises, facilities and areas of the operation located at Onne and Port Harcourt Ports in Rivers State, Warri in Delta State and Calabar Port in Cross River State.
“In addition, I order that all the processes on this Motion Ex-parte together with the Ruling of the Court thereon shall be served on the Defendants plus the Motion on Notice promptly.”
The matter was adjourned to February 15, 2021 for mention.
The order was issued on Wednesday, December 16, 2020 by the Presiding Judge, Hon. Justice F.I. Kola-Olalere, while ruling on an ex-parte motion in suit number NICN/PHC/155/2020 filed by INTELS.
The court also restrained the unions from preventing the staff of INTELS from entering the company’s operational areas and facilities to perform their duties.
Recall that MWUN and SSASCGOC began an indefinite strike at INTELS on Monday, December 14, 2020 over the redundancy of some workers at the Onne Port, Rivers State.
However, the management of INTELS expressed concern over the industrial action, which it said had negatively impacted its services at the port.
INTELS said the affected workers were not its employees, but staff of one of its labour contractors named Associated Maritime Services Limited (AMS).
Ruling on the ex-parte application, Justice Kola-Olalere ordered as follows:
“I hereby grant an Order of Interim Injunction pending the determination of the Motion on Notice restraining all the Defendants, their Agents as contained in prayer one of the this application at page I36 and page 137 of the record from continuing their industrial action, work to rule, strike and/or work stoppage which will howsoever affect the business activities of the Claimant/Applicant or any of its clients in any of the Claimant/Applicant’s 4 (four) operational areas located at Onne and Port Harcourt Ports in Rivers State, Warri in Delta State, and Calabar Port in Cross River State.
“I hereby grant an Order of Interim Injunction pending the determination of the Motion on Notice in prayer 2 restraining the Defendants, their Agents, Assigns, Executors, Representatives and Persons Corporate and Non-Corporate claiming through them from preventing the staff of the Claimant or those seconded to it by other companies and who are not affected by the declaration of redundancy from entering the operational areas and facilities of the Claimant/Applicant and performing their duties and/or rendering services for which they were employed by Claimant/Applicant in any of the 4 (four) operational areas of the Claimant/Applicant located at Onne and Port Harcourt Ports in Rivers State, Warri in Delta State and Calabar Port in Cross River State.
“I hereby grant an Order of Interim Injunction pending the determination of the Motion on Notice in prayer 3 restraining the Defendants, their Agents, Assigns, Executors, Representatives and Persons Corporate and Non-Corporate claiming through them from preventing the Claimant/Applicant’s staff and those seconded to it from exercising their freedom of movement including entering into and exiting from the Claimant/Applicant, it associated companies and clients’ premises, facilities and areas of the operation located at Onne and Port Harcourt Ports in Rivers State, Warri in Delta State and Calabar Port in Cross River State.
“In addition, I order that all the processes on this Motion Ex-parte together with the Ruling of the Court thereon shall be served on the Defendants plus the Motion on Notice promptly.”
The matter was adjourned to February 15, 2021 for mention.
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