And very soon we shall lead a millionman protest against them.
In a statement to Technext, Uber admits that it wrote to the Registrar of Trade Unions at the Federal Ministry of Labour and Employment but insists that its letter does not close the door on dialogue but seeks to clarify incorrect claims that drivers are employees, not independent contractors.
Uber and Bolts letter to the Ministry of Labour will highlight a legal question that both companies have across the countries they operate are drivers fulltime employees or independent contractors
However, the court did not also pronounce that the Plaintiffs were independent contractors.
Following the court judgment, the drivers filed an appeal which is yet to be determined. Even though the court is yet to clarify the position of the drivers, if Uber or Bolt file a suit, the court may be forced to make a ruling. Ibitayo Reju, a Senior Counsel at Dentons Acas Law, told TechCabal, Although the court is yet to ascertain the position of the Nigerian drivers, if Uber and Taxify had filed a counterclaim and asked the court to pronounce that they were independent contractors, the court would have been constrained to take a position.
Ibitayo expressed optimism in the Nigerian Court of Appeal making a pronouncement as to whether the Plaintiffs are indeed employees of Uber and Bolt or independent contractors. Given the decision of the NIC in this matter, I hope that the Court of Appeal will invoke its statutory powers under section 22 of the Court of Appeal Act and emphatically make a pronouncement as to whether the Plaintiffs are indeed employees of the Defendant or independent contractors, he concluded.
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Despite the Trade Unions Act, Uber and Bolts letter to the Ministry of labour suggest that AUATWONs legality will be questioned.
According to Ayomide Ogunsanwo, a legal practitioner, If the Nigerian Trade Unions Act (which is an overriding law backed by the Nigerian Labour law) empowers the union to have a say in determining the terms and conditions of drivers, there is nothing Uber and Bolt can do about it. According to Ogunsanwo, Bolt and Uber should engage in dialogue with the union rather than resorting to license revocation threats.
On December 4, 2018, the National Industrial Court (NIC), Lagos division, delivered a landmark judgment in Suit NO.
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