Section 12: Provisions supplementary to s. 9.
(1) The Arbitration and Conciliation Act shall not apply to any proceedings of an arbitration tribunal appointed under section 9 of this Act or to any award made by such a tribunal.
(2) Where an arbitration tribunal appointed under section 9 of this Act consists of a single arbitrator assisted by assessors and any vacancy occurs in the number of assessors, the chairman of the Industrial Arbitration Panel may either-
(a) direct the tribunal to act notwithstanding the vacancy; or
(b) fill the vacancy by appointing another assessor in accordance with section 9(3) of this Act.
(3) Where an arbitration tribunal appointed under section 9 of this Act, consists of more than one arbitrator and any vacancy occurs in their number the tribunal may, with the consent of the nominating party, act notwithstanding the vacancy.
(4) An act, proceeding or determination of an arbitration tribunal appointed under section 9 of this Act shall not be questioned on the ground that a member or assessor was not validly appointed or on the ground of any unfilled vacancy authorised by subsection (2) or (3) of this section.
(5) Where a trade dispute referred to an arbitration tribunal under section 8 of this Act involves questions as to wages, hours of work or any other terms or conditions of or affecting employment which are regulated by any statutory provisions, the tribunal shall not make any award that are less favourable to the workers concerned than those provisions.
In this subsection, "statutory provisions" means provisions contained in any written law in force in Nigeria or any part thereof, or in any instrument made in the exercise of any power conferred by any such law.
(6) The Minister may, with the approval of the Minister for Finance and Economic Development, pay to any arbitrator or assessor appointed under section 9 of this Act such remuneration as he thinks fit:
Provided that no remuneration, fees or allowances shall be paid to any public officer other than such allowances for expenses as may be expressly authorised for the purposes of this section by the Federal Civil Service Commission or the Civil Service Commission of the State in question, as the case may be.
Cite this section
Section 12, TRADE DISPUTES ACT (1976).
https://repo.podus.ai/laws/trade-disputes-act/section/12/