JOHESU: NIC Landmark Judgement on Skipping of CONHESS 10


Posted on: Sat 27-07-2013

Background: In a reaction to series of circulars from the federal ministry of health on non-skipping of CONHESS 10, withdrawal of appointments of non-medical practitioners as consultants in our tertiary hospitals, non-implementation of specialist allowances and other professional allowances to deserving members of the union, trade disputes were declared by the joint health sector unions in 2012
A ten point demand was made to government and agrements reached on 10th may, 2012 on four items and resouluions made as follows: "the meeting aslo resolved that other items which have been agreed upon and required the action of the federal ministry of health should be addressed on or before 29th May, 2012 to allow the technical working group commence its sitting.
The other items are:
1) Presidential committee report on harmony in the health sector
2) promotion of health professionals from CONHESS 14 to 15
3) Request for implementatin of 2008 job evaluation committee report
4) Need to review the retirement age
Even though, the Hon. minister of health wrote circulars Ref. SMH 5875.26/T/2B of 20th June, 2012 and C5516/VOL.11/T2/87 of 26th March 2013, on promotion of health professionals from CONHESS 14 to 15 to all chief medical directors and medical directors to promote qualified professionals, they have refused bluntly to implement the circular. The implication is that up to date, none of the issues agreed upon has been implemented.
The Honorable minsiter of labour referred the issues that the parties could not agree upon to the National industrial court (NIC) in june 2012. The issues were:
- Non skipping of salary CONHESS 10
- National health bill
- consultancy and specialist allowances
- call/shift duty and other professioal allowances
The national industrial court in a landmark judgement delivered on monday 22 july 2013 on the dispute between JOHESU and the federal ministry of health earlier referred to it by Hon minister of labour and productivity ruled amongh other things
- That skipping of CONHESS 10 is legal and the purported circular by the ministry of health and head of service of the federation stopping it is illegal, null, void and of no effect whatsoever. The implication of the above position of the court is that members would continue to enjoy skipping of CONHESS 10
- That those earlier appointed as consultants would continue to enjoy the status with all the benefits and the withdrawal of their letter of appoointment is irregular, null and void
- That issue of shift duty, administrative non clinical and call duty allownaces should remain as they are but that negotiation should commmence towards an agreement on upward review of the allownaces.
Also it was held by the court that issues already agreed upon are accrued rights and should be implemented with delay in line with collective barganining agreement.
Members are enjoined to remain calm as we savour the gains of this victory. We thank all members nationwide for their prayer, patience and unalloyed support towards the achievement of this victory
 
signed
Dr Ayuba p wabba National president, Medical and health workers union of nigeria (MHWUN)
Adeniji A,A National president NANNM
Dr B Akintola National president, senior staff association of universities teaching hospitals, research institutions and associated institutions (SSAUTHRIAI)
Faniran F National president, Nigerian union of pharmacist, medical laboratory scientist and professionals allied to medicine (NUMPTPAM)