What to do if you are unfairly dismissed or your salary is withheld
At a glance
Quick answer: Document what happened, use internal grievance steps first, then escalate to conciliation or the National Industrial Court if needed.
Key rights: You have a right to payment for work done and to fair procedure before dismissal under Nigerian labour law.
Deadlines: Act fast to secure evidence. Some claims carry limitation periods of years, but the first days matter most.
First steps you can do today
- Stay calm and record the facts. Note dates, times, names, and words used. Keep a running log.
- Save evidence now. Download payslips, bank statements, emails, and screenshots of chats. Preserve original files where possible.
- Keep working where safe. Do not abandon your post unless you must for safety. Leaving can complicate some claims.
- Do not post accusations online. Public claims can harm your case and expose you to counterclaims.
Follow the internal grievance process
Most employers have a staged grievance and disciplinary procedure in the employment contract or staff handbook. Follow it precisely. That preserves your right to escalate if it fails.
How to submit a grievance
- Write a short formal letter or email to HR and your manager. State the facts, dates, and what you want: unpaid salary or reinstatement.
- Ask for an acknowledgement and a meeting date. Keep copies of your submission and any replies.
- Bring a colleague as witness if the meeting happens in person. Request minutes and a written outcome.
Subject: Formal grievance – unpaid salary / unfair dismissal on [date]. I set out the facts below and request [payment / reinstatement]. Please confirm receipt.
External remedies: mediation and court
If internal steps do not secure a remedy, escalate in this order.
1. Ministry of Labour – conciliation
Visit the nearest Federal or State Ministry of Labour and Employment to ask for conciliation. They often bring both sides together. This is cheaper and faster than court in many cases.
2. National Industrial Court
If conciliation fails, you can file a claim at the National Industrial Court of Nigeria. The court handles wrongful dismissal, unpaid wages, redundancy disputes, and related claims.
What remedies can the court grant?
- Payment of unpaid wages and benefits.
- Reinstatement to your former post in limited cases.
- Damages for unfair dismissal or breach of contract.
Evidence and documents to gather
Common mistakes to avoid
- Do not resign in haste. Get advice before you sign any resignation or acceptance of settlement under pressure.
- Do not delete messages or lose original files. Courts prefer original documents.
- Do not accept verbal promises without written confirmation.
- Do not escalate to social media first. It can weaken a legal claim.
When to call a lawyer
Contact a labour lawyer if any of these happen:
- Your employer refuses to pay after you follow grievance steps.
- You are dismissed without any query or hearing.
- You signed a document under pressure and it affects your rights.
- Your employer threatens to blacklist you or withhold benefits like pension or certificates.
FAQs
Can my employer sack me without notice?
Only for proven gross misconduct or if your contract allows immediate termination. Otherwise notice or pay in lieu is required.
Can I claim unpaid salary after I leave?
Yes. You can make a claim for unpaid wages whether you resigned or were dismissed.
How long will a claim take?
Timelines vary. Conciliation often resolves matters in weeks. Court claims take longer but deliver enforceable orders.