Workplace harassment is an increasingly significant issue in Nigeria, where legal frameworks are evolving to provide protection for employees and impose obligations on employers. Harassment in the workplace can include unwelcome advances, offensive remarks, discriminatory practices, and hostile work environments. Under Nigerian law, employers are required to maintain a safe and harassment-free workplace, and employees are empowered to take legal action when their rights are violated. This article will explore the legal protections against workplace harassment in Nigeria, focusing on statutory and judicial authorities that guide this area of labor law.
Understanding Workplace Harassment in Nigeria
Workplace harassment is generally classified into several forms, including sexual harassment, bullying, racial or ethnic harassment, and harassment based on disability. Under Nigerian law, workplace harassment is recognized as a violation of human dignity and an infringement on the right to work in a safe environment. While there is no singular statute dedicated entirely to workplace harassment, several laws and judicial decisions provide legal protections against workplace harassment in Nigeria.
Statutory Framework Governing Workplace Harassment
- The Nigerian Constitution: Section 34 of the 1999 Constitution guarantees every individual’s right to dignity, including the right to be free from inhumane or degrading treatment. Workplace harassment can be considered an affront to human dignity, and victims can seek redress for violations of their constitutional rights.
- Labour Act (Cap L1, LFN 2004): While the Labour Act does not explicitly mention workplace harassment, it provides a general framework for employment relations in Nigeria. The Act mandates that employers provide safe working conditions and protect employees from harmful or abusive practices. This broad interpretation allows employees to challenge workplace harassment under the obligations imposed on employers.
- Sexual Harassment in Tertiary Educational Institutions Prohibition Act (2021): Although this law primarily addresses sexual harassment in educational institutions, its principles extend to the workplace. The law criminalizes sexual harassment and outlines penalties, including imprisonment and fines. Employers in the education sector and beyond are now expected to comply with these standards to prevent sexual harassment in their institutions.
- Employee Compensation Act (2010): This Act protects employees who suffer mental and emotional stress due to workplace incidents, including harassment. While traditionally focused on physical injuries, Nigerian courts have interpreted mental stress and trauma caused by harassment as compensable under the Act.
- Violence Against Persons (Prohibition) Act (2015): This Act offers broader protection against all forms of violence, including psychological and emotional abuse. Workplace harassment, particularly when it includes threats, intimidation, or harm, may fall under the provisions of this Act, allowing victims to pursue legal action against harassers.
Related: What are my Rights Regarding Workplace Discrimination or Harassment?
Judicial Authorities on Workplace Harassment
Nigerian courts have played a critical role in interpreting statutes and developing judicial precedents that reinforce legal protections against workplace harassment. Some landmark cases include:
- Bashir v. Fed. Civil Service Commission (2017): In this case, the court recognized the right of public servants to work in an environment free from harassment. The judgment reaffirmed that harassment, even if subtle or non-physical, violates the constitutional right to dignity.
- Mojekwu v. Ejikeme (2000): This case dealt with discriminatory practices, and the Supreme Court emphasized the importance of equality in the workplace. While not directly a harassment case, it set a precedent for protecting employees from discrimination, which often overlaps with harassment claims.
- Eze v. Spring Bank Plc (2011): This case involved a claim of sexual harassment. The court awarded damages to the victim, marking a turning point in the recognition of sexual harassment as a compensable wrong in Nigeria. The judgment served as a warning to employers to establish strict anti-harassment policies.
Employer Responsibilities
Employers in Nigeria are under a legal obligation to prevent and address workplace harassment. This duty includes the creation of a safe and inclusive work environment, implementing clear anti-harassment policies, and providing mechanisms for reporting and resolving harassment complaints.
Employers should also:
- Establish Anti-Harassment Policies: Every organization should have a formal policy that defines harassment, outlines consequences for violators, and provides procedures for reporting harassment. Employees should be aware of these policies and encouraged to report incidents without fear of retaliation.
- Conduct Training Programs: Employers should regularly conduct training on workplace harassment and sensitivity to prevent incidents. Educating employees on their rights and obligations fosters a respectful work culture and helps mitigate potential legal risks.
- Investigate Complaints Promptly: Employers are required to investigate harassment complaints thoroughly and promptly. Failure to do so may expose them to legal liabilities under the statutes discussed.
Employee Rights and Recourse
Employees who are victims of workplace harassment have several options for seeking redress:
- Internal Reporting: Victims should first utilize internal mechanisms within their organizations. Many companies have dedicated personnel or units for handling harassment complaints.
- National Industrial Court: Employees can file claims with the National Industrial Court, which has jurisdiction over employment-related disputes, including harassment. The court can award damages, order reinstatement, and mandate policy changes in organizations.
- Human Rights Commission: Complaints can also be filed with the National Human Rights Commission, which is empowered to investigate and address violations of human rights, including workplace harassment.
- Civil or Criminal Action: Depending on the nature of the harassment, employees may pursue civil actions for damages or criminal prosecutions for serious forms of harassment, such as assault or sexual violence.
Conclusion
Nigeria’s legal framework offers significant legal protections against workplace harassment for employees while imposing clear duties on employers. Through statutory provisions and evolving judicial precedents, employees are empowered to work in environments free from intimidation, discrimination, and abuse. Employers, on their part, must adopt comprehensive policies and proactive measures to prevent harassment. By understanding and adhering to these legal standards, both employers and employees can create a workplace that respects human dignity and promotes productivity.