•Accuse govt of flouting court order
By Favour Goodness
The Federal Government has instructed all Chief Medical Directors (CMDs) and Medical Directors (MDs) of Federal Tertiary Hospitals to immediately implement the “No-Work, No-Pay” rule, with effect from August 2, 2021, when the Nigerian Association of Resident Doctors (NARD) commenced their strike.
Recall that on August 16, 2021, the Federal Ministry of Labour and Employment, under the leadership of Dr Chris Ngige, sued the striking doctors at the National Industrial Court for abdication of their responsibilities.
The Industrial Court therefore summoned the doctors to explain why the “No-Work, No-Pay” rule should not be applied against them. The court adjourned the suit by the government till September 15, giving ample room for conciliation.
In an unexpected turn of events, the government has now begun the implementation of the “No-Work, No-Pay” rule while the case is still pending in court.
The doctors have therefore described the action of the government as flouting the rule of law, vowing to go to court.
Speaking, the President of the NARD, Dr Uyilawa Okhuaihesuyi, said: “We attended the first National Industrial Court of Nigeria case hearing on August 16, wherein the government wrote that we should give them a reason why they should not apply the no work no pay rule. However the court now stated that the government should wait till on the 15th of September.
“The government has not waited and they have already applied what they were asking for. Therefore, they have flouted the rule of law. We will go to court. We will engage our legal counsel and follow it up.”
The letter dated August 26, 2021, by the Director of Hospital Services at the Federal Ministry of Health (FMoH), Dr Adebimpe Adebiyi, instructing the CMDs and MDs of federal tertiary hospitals to implement the “No-Work, No-Pay” rule, reads: “The Ministry is in receipt of a letter from the Honourable Minister, Federal Ministry of Labour and Employment (FMOL&E), informing the Ministry of the laws Governing the ongoing strike by the Nigerian Association of Resident Doctors (NARD), and the need to immediately apply the provisions of Section 43(1)(a) of
the Trade Dispute Act on “Special provision with respect to payment of wages during strikes and lock-outs” known in labour parlance as “No-Work, No-Pay”, with effect from Monday 2nd August 2021 when the strike was commenced by NARD members.
“Consequent on the above, I am directed to inform you to commence the implementation of “No-Work, No-Pay” policy on striking doctors with effect from Monday 2nd August 2021, including other health workers that may embark on strike subsequently.
“This directive is in line with the provisions of Section 43 (1) (a) of the Trade Dispute Act which inter-alia states”….. where any worker takes part in a strike, he shall not be entitled to any wages or renumeration for the period of the strike, and any such period shall not account for the purpose of reckoning the period of continuous employment and all right dependent on continuity of employment shall be prejudicially affected accordingly……”
“You are to compute the financial implication of the “No-Work, No Pay” from the salaries of the Resident Doctors and any other Health worker that participated in strike using the attached Template and forward same to the IPPIS office through the FMoH for implementation with effect from 2nd August, 2021. Please, accept the assurances of the warm regards of the Honourable Minister.”
