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Nigeria

Nigeria reached the round of 16 at the Men’s World Cup in 1994, 1998 and 2014.

Nigeria reached the knockout stage on their Men’s World Cup debut in 1994.

Nigeria won their opening match at the 1994 finals 3–0 against Bulgaria.

Two Nigerian footballers have played at three World Cups: Joseph Yobo and Jay-Jay Okocha.

Contributing firm

G. Elias

Contacts

Okechukwu Okoro, Kanzullahi Hibatullahi, Utonwa Onwumelu

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

The employer may treat the absence as an unauthorised leave and can take disciplinary action including issuance of warning, salary reduction, suspension or dismissal of the employee. Before imposing any sanction, the employer must ensure to inform the employee of the allegation and give the employee the opportunity to respond.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

The employer can independently verify the medical certificate. If the certificate is proven false, the employer may treat the absence as unauthorised leave and take disciplinary actions accordingly, including issuing a warning or, subject to the organisation’s policy, impose a salary reduction, suspension or dismissal.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

There is no specific Nigerian statute on mandatory breathalyser tests. An employer has a duty to maintain a safe workplace, and may implement a workplace alcohol policy that prohibits consumption of alcohol during work hours or before reporting for duty. The employer may mandate testing only if it is clearly stated in the employment contract or company policy. Where the employment contract or staff handbook is silent on running of alcohol test, the employer will have to obtain the express consent of the employee to run such test. Any testing, including breathalysers, must respect the employee’s privacy and dignity, and disciplinary action can be taken if alcohol consumption is proven.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Yes, an employer in Nigeria can rearrange work hours to accommodate match viewing. The employer must ensure to communicate the adjustments clearly to all employees.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

An employer is entitled to regulate and restrict the use of its IT systems and internet facilities through properly issued workplace policies, including acceptable-use and disciplinary policies. Where an employee spends substantial work time watching matches or engaging in gambling instead of performing assigned duties, the employer may issue disciplinary action, ranging from a written or verbal warning to suspension .

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

If an employee engages in misconduct outside working hours, whether at a staff-organised World Cup event or an unorganised event, the employer can only take action if the behaviour has a clear impact on the workplace, such as damaging the company’s reputation, affecting colleagues, or breaching workplace policies that apply outside work. Any disciplinary action must follow due process, providing the employee a chance to explain and ensuring the response is reasonable and proportionate to the misconduct. Misconduct that is purely personal and unrelated to work generally cannot be sanctioned.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If employees are required to work on the holiday, entitlement to overtime pay or time off in lieu depends on the terms of their contract or collective agreement. Many employers provide premium pay or compensatory time off, but this is not mandated by statute. The Labour Act (for manual and clerical works) itself does not provide rules on overtime pay for working during public holidays. This depends largely on the terms of the employment contracts, or collective bargaining agreements (if applicable). There is no statutory rate or entitlement fixed by law.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

This depends on the company’s internal policies. Typically, pools or gambling activities are prohibited within company premises. Lotteries and gambling in Nigeria are regulated by the various state laws. Certain forms of gambling may be considered unlawful (e.g. games of chance). All pooling, lotteries and gambling activities are conducted under a licensed framework regulated by the various state laws, so workplace betting or pools could potentially carry legal implications. Where the pool is coordinated by the employer, the employer can set reasonable restrictions on these activities, including limits on the amount of money employees may contribute, the method of collecting funds, and the size or nature of any prizes awarded, to ensure that the workplace remains orderly and that participation is voluntary.

4 May employers prohibit public displays of rival country team colours in the workplace?

Yes, employers may prohibit public displays of rival country team colours in the workplace if such displays could reasonably be considered to create a hostile or disruptive work environment.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Usually World Cup matches are broadcast during late evening hours in Nigeria, and as such are unlikely to significantly disrupt normal working hours. Employers should therefore not expect major interference with business operations. However, it is reasonable to anticipate that employees may be eager to leave promptly at the close of business on days when the preferred teams are playing. The above notwithstanding, existing policies on attendance, authorised leave, punctuality, and working hours will continue to apply during football tournaments.