Section 12 of the Labour Act in Nigeria. Common employment not a defence

(1) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him, that person was, at the time the injuries were caused, in common employment with the person injured.

(2) Any provisions contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this section) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons m common employment with him.

(3) For the purposes of this section, the expression "personal injuries" includes any disease and any impairment of a person's physical or mental condition arising out of his employment, and "injury" and cognate expressions shall be construed accordingly.

Section 12 of the Labour Act in Nigeria

Act structure