If you’ve ever had a “na boss you be, no be God” moment at work, this article is for you. As unhealthy as it sounds, toxic bosses are everywhere. Most of the time, these bosses get away with their excesses because some Nigerian employees are unaware of the legal clauses that protect them from unfair treatment in the workplace.
The era of leaving wicked employers in God’s hands is over. Now, let’s teach you how to drag them to court. From sexual harassment in the workplace to unfair termination, here’s how to legally deal with that toxic boss.
Workplace Harassment and Victimization
If you’re facing harassment or victimization at work, it’s important to know that such behaviours are legally unacceptable. In the case of Cheick Ouedraogo v. Uber Technologies System Nigeria Limited, the National Industrial Court of Nigeria (NICN) ruled in favour of an employee who faced workplace harassment and wrongful termination. The court made it clear that employees should not be treated as mere articles to be discarded at will.
What You Can Do
- Document Incidents: Keep detailed records of any harassment or unfair treatment.
- Seek Legal Counsel: Consult with a lawyer experienced in employment law to understand your rights and the strength of your case.
- File a Complaint: You can bring your case to the NICN, which specializes in employment disputes.
Harassment or Bullying in the workplace
First off, nobody should make you feel like trash at work—boss or not. While Nigeria doesn’t have a specific law against workplace bullying, you can still take action.
- Torts Law: These are laws that compensate individuals who have suffered harm for the actions of others. So if your boss’ behaviour is causing you emotional stress or they spread false rumours about you, you can sue for emotional distress or defamation.
- Human Rights: Section 34 of the Nigerian Constitution says you have the right to dignity. If your boss’s actions are humiliating or degrading, they’re violating your fundamental rights.
What You Can Do
Document every toxic thing they do—emails, messages, witnesses—because receipts are key. Once you have your receipts, click here to get free legal advice on the next steps to take and find pro-bono lawyers.
Sexual harassment in the workplace
If your boss makes inappropriate comments, gestures, or advances, that’s not just toxic; it’s illegal.The Violence Against Persons (Prohibition) Act (VAPP) criminalizes sexual harassment and is still effective in the FCT and states that have adopted it.
What You Can Do
First, you should report the harassment to HR (if your workplace has one). But we understand that intimidation is one of the tools sexual abusers explore to control their victims in workplaces, so, if your HR isn’t an option, you can reach out to non-profit organisations that provide support for victims of sexual abuse or decide to take it to court using the VAPP Act. NICN can also take up this case so check out their website.
Discrimination in the workplace
If your boss is treating you unfairly because of your gender, ethnicity, religion, or any other bias, you should remind them that discrimination is not only unethical but also illegal. Section 42 of the Nigerian constitution says you can’t be discriminated against based on your identity.
What You Can Do
You can decide to file a complaint with NICN by emailing info@nicnadr.gov.ng. Or call +234 905 455 0033. You can also contact a human rights lawyer.
If They’re Endangering Your Health
Even though this is more applicable to non-corporate jobs, it’s still a great way to get justice. If your boss is creating an environment that harms your physical or mental health, they’re breaching their duty as an employer, and you have a piece of legislation to nail them with. The Factories Act says employers must provide a safe working environment for employees.
What You Can Do
If your health is affected as a result of the unhealthy arrangement of your job or workplace, you can sue your employers for negligence.
We wouldn’t wish toxic workplaces on our worst enemy, but if you’re in that situation, remember that the law is there to protect you when you know how to use it. Whether it’s harassment, unfair dismissal, or straight-up defamation, there’s a legal route to hold them accountable for their misbehaviour.
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