Section 81 of the Labour Act in Nigeria. Labour complaints

(1) Where-

(a) an employer or worker neglects or refuses to fulfil a contract; or

(b) any question, difference or dispute arises as to the rights or liabilities of a party to a contract or touching any misconduct, neglect, ill- treatment or injury to the person or property of a party to a contract,

any party to the contract feeling himself aggrieved may make complaint to a court having jurisdiction, which may thereupon issue a summons to the party complained against (the aggrieved party, the court, the party complained against and the complaint being hereafter in this section and in sections 82 to 85 of this Act referred to as "the complainant", "the court", "the respondent" and "the complaint" respectively).

(2) If the complainant claims an amount beyond the civil jurisdiction of the court, the court shall forward the complaint to the nearest court having jurisdiction.

(3) The court may exercise jurisdiction in the complaint if the respondent is in its area of jurisdiction at the time the complaint is made, whether or not the grounds of the complaint arose within that area.

(4) If at any time after the laying of the complaint it appears to the court by information on oath that the respondent is about to abscond, the court may cause him to be arrested and detained in custody unless he finds security to appear and answer the complaint and to abide by the decision of the court thereon.

(5) Where the court is of the opinion that the complaint could more properly or conveniently be dealt with by civil proceedings, it may, at any time before giving its final decision on the complaint, order that the remedy, if any, for the matters complained of shall be by an action brought in accordance with the law relating to civil proceedings and not by proceedings under this section.

(6) This section shall not apply to a trade dispute, that is to say, any dispute or difference between employers and workers (or between workers and other workers) connected with-

(a) the employment or non-employment; or

(b) the terms of the employment; or

(c) the conditions of labour, of any person.

Section 81 of the Labour Act in Nigeria

Act structure