{"id":2576,"date":"2019-11-23T09:01:21","date_gmt":"2019-11-23T09:01:21","guid":{"rendered":"http:\/\/projectstore.com.ng\/?p=2576"},"modified":"2019-11-23T09:01:21","modified_gmt":"2019-11-23T09:01:21","slug":"the-role-of-the-public-complaints-commission-in-protecting-workers-rights","status":"publish","type":"post","link":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/the-role-of-the-public-complaints-commission-in-protecting-workers-rights\/","title":{"rendered":"The Role Of The Public Complaints Commission In Protecting Worker\u2019s Rights"},"content":{"rendered":"

<\/span>The Role Of The Public Complaints Commission In Protecting Worker\u2019s Rights Against Administrative Injustice And Maladministration In Nigeria<\/strong><\/span><\/h1>\n

<\/span>ABSTRACT<\/span><\/h1>\n

This research project is titled \u201cThe Role of the Public Complaints\u00a0 Commission in Protecting Worker\u2019s Rights against Administrative Injustice and Maladministration in Nigeria\u201d. The research work has been prompted by the observation made on the decline in the discharge of its roles in some state\u00a0 offices of the Commission, despite overall achievement\u00a0 of\u00a0 organizational\u00a0 target. The main purpose of this research therefore was to find out what must have been responsible for the decline. To achieve this, data were collected and interview conducted. In the data collected, simple descriptive presentations in Annual reports were consulted. In the course of this research, findings revealed that limitations of the Act have made a negative impact on the performance of Commission\u2019s staff, but that the staff encounters problems while carrying out their respective jobs. Responses also revealed that the Commission needs to continually conduct training programmes especially on investigation,\u00a0 as\u00a0 that will boost staff performance. Finally, the argument in this work\u00a0 is\u00a0 that,\u00a0 although the PCC has recorded some achievements regarding the discharge of\u00a0 its mandate from the time of its inception to date, it might not be rated\u00a0 high on its score board. In this regard, (the researcher\/study) have made recommendations that will have far reaching significance and they are sure to make the commission more focused, more robust and more dynamic, if they are judiciously implemented.<\/p>\n

<\/span>CHAPTER ONE GENERAL INTRODUCTION\u00a0<\/strong><\/span><\/h1>\n

Hon. Chief Justice J.V. Milvain of the trial division\u00a0 of\u00a0 the\u00a0 Supreme court of Albarat,\u00a0 Canada delivering judgement on 6th<\/sup> January 1990 in the case\u00a0 of \u201cFeldbrugge V. Netherland A\/100\/1986 where the complainant was refused the payment of his social benefit after he fell sick and was retired as a result of\u00a0 ill health \u2013 held that the right to continue to receive benefit after sickness is\u00a0\u00a0 valid under the law of insurance and should apply. In the Court\u00a0 of\u00a0 Human Right, UK Parliamentary ombudsman Re: Ombudsman Act <\/strong>Canada captured the basic purpose for the establishment of the ombudsman when he said… the basic purpose of an ombudsman is the provision of a\u00a0 watchdog\u00a0 designed\u00a0 to look into the entire working of administrative laws…\u201d 1<\/sup><\/p>\n

Therefore, the worldwide popularity of the Ombudsman Institution as a significant part of contemporary governance is certain without question. A research conducted by Dr. V. Ayeni of the Commonwealth Secretariat revealed that at the end of 1999, at least 102 countries had established the office at governmental level worldwide. Within the commonwealth, 38 of its\u00a0 54\u00a0 members now have an Ombudsman office including its\u00a0 four\u00a0 developed countries and 22 of the 32 so-called small states\u00a0 including\u00a0 Botswana.\u00a0 Presently, 29 of Africa\u2019s 54 countries have governmental Ombudsman offices<\/p>\n

From the above premise vis-a-vis <\/em>the goal of ombudsman, the\u00a0 decision\u00a0 to establish it in Nigeria cannot be overemphasized. It was established in 1975 with specific power and limitations. The journey so far (i.e. 1975 to 2011) is it worth the trouble and the resources invested. Has the limitation of its\u00a0 jurisdiction militated against its effective performance? What areas need to be addressed in the commission\u2019s Act for achievement of better results? These and other unraised issues is what the whole of this project addresses.<\/p>\n

<\/span>STATEMENT OF THE PROBLEM<\/span><\/h1>\n

The ombudsman is one of the most effective Alternative Dispute Resolution institutions in the country, charged with the specialized task of redressing administrative injustices.\u00a0 Like all other institutions the commission\u00a0 is expected to operate within a specified statutory \u201clocus\u201d called jurisdiction as provided by section 5 and limited by section 6 of the Public Complaints Commission\u2019s Act.3<\/sup> Has the jurisdictional provision covered adequately the whole field of administration where injustices are on daily basis meted to the citizenry? Is the limitation on jurisdiction so wide that\u00a0 the\u00a0 effective performance of the commission can hardly be achieved?<\/p>\n

Lastly, could it be that the effective performance of the\u00a0 Commission\u00a0 does not hinged on adequate funding alone but in addition, depends\u00a0 on\u00a0 adequate, qualified, trained and motivated manpower who are engaged on<\/p>\n

research, monitoring and evaluation of the overall performance of the Commission?<\/p>\n

<\/span>OBJECTIVES OF THE RESEARCH<\/span><\/h1>\n

\u00a0<\/strong><\/p>\n

The objectives of the research work are an attempt to:<\/p>\n

 <\/p>\n

    \n
  1. Examine the law in the Public Complaints Commission Act and other relevant laws.<\/li>\n
  2. Examine the application of the Public Complaints Commission Act for protection of worker\u2019s rights against maladministration in<\/li>\n
  3. Highlight some factors militating against the effectiveness of the Public Complaints Commission.<\/li>\n
  4. Provide recommendations, amendments and better ways of protecting worker\u2019s<\/li>\n<\/ol>\n

    <\/span>SCOPE OF THE RESEARCH WORK<\/span><\/h1>\n

    \u00a0<\/strong><\/p>\n

    This research work is intended to cover the objectives, structure and characteristics of the ombudsman. The work covers also the strengths and weaknesses as well as some decided cases by the commission in performing its duties and historical overview of the ombudsman institution in\u00a0 Nigeria\u00a0 and other jurisdictions to compare the roles of Public Complaints Commission, the court, the National Assembly, Public Petition Committee and make recommendation where necessary.<\/p>\n

    <\/span><\/a>SIGNIFICANCE OF THE STUDY\u00a0<\/strong><\/span><\/h1>\n

    The research is significant in the sense that it will:<\/p>\n

      \n
    1. Promote social justice for individual citizen without which there can hardly be genuine peace and stability in<\/li>\n
    2. Educate and enlighten the general public on the viable options available for redressing grievances against administrative injustice arising from bureaucratic errors, omission or abuse by officials of government or limited liability companies in<\/li>\n
    3. Improve administration of the Public Complaints Commission by pointing out some weaknesses observed in its law, procedures, practices, rules and regulation for standards of behaviour for<\/li>\n<\/ol>\n

      <\/span>METHODOLOGY\u00a0<\/strong><\/span><\/h1>\n

      In collecting the information leading to this research work, combinations of methods were used. Both primary data obtained from respondent via interviews and secondary data via Arm chair research i.e. use of library. However, one must place on record that majority of the data\u00a0 used\u00a0 were\u00a0 obtained from secondary sources.<\/p>\n

      The empirical and doctrinal research methods. Interviews\u00a0 were conducted and questionnaires were administered. Reference will be made to journals, annual reports, newsletters, magazines and textbooks<\/p>\n

      \n

      Page Contents<\/p>\n