(1) In dealing with the complaint; the court-
(a) may adjust and set off one against the other all such claims on the part of the complainant and the respondent arising out of or incidental to the relationship between them as the court may find to be subsisting, whether the claims are liquidated or unliquidated or for wages, damages or otherwise, and may direct the payment of such sum as it finds due by one party to the other;
(b) may direct fulfillment of the relevant contract and, in a case where damages might be awarded for any breach of contract, may in place of the whole or part of the damages which would otherwise have been awarded direct the party committing the breach to give security to the satisfaction of the court for the due performance of so much of the contract as remains unperformed;
(c) if the party receiving a direction under paragraph (b) of this subsection fails to find security and the court is satisfied that the failure is not due to the inability of that party to find it, may commit him to prison (for a period not exceeding three months) until he finds it;
(d) may rescind the contract upon such terms as to apportionment of wages or other sums due thereunder, and as to the payment of wages or damages or other sums due, as it thinks just; and
(e) where the court has criminal jurisdiction and it appears to the court that an employer or worker has been guilty of an offence under this Act, may in place of or in addition to exercising any of the powers conferred by paragraphs (a) to (d) of this subsection pass on the offender any sentence which is authorized by this Act and is within its criminal jurisdiction.
(2) Without prejudice to any other method of giving security which the court may consider appropriate in any particular case, a person may give security for the purposes of subsection (1) (b) of this section by making in or under the direction of the court a written or oral acknowledgment (to be known as a recognizance) of the undertaking or condition by which and the sum in which he is bound; and any such recognizance shall be made as nearly as possible in the same way as recognizances of bail and shall be liable to be forfeited and enforced in the same way as recognizances of bail.
Section 82 of the Labour Act in Nigeria
Act structure