Legal Protection for Informal/Casual Workers: A Comparative Study of Nigeria and Australia

Over the years, the Nigerian labour community has suffered from instabilities ranging from inconsistent government policies, recurrent economic recessions, inadequate power supply, and other structural challenges. In response, many employers have resorted to casual or informal employment as a means of reducing costs and avoiding statutory obligations. Casual employment, in principle, should apply to short-term, irregular, or seasonal work arrangements. However, in practice, employers often abuse this arrangement, retaining workers in casual status for several years without granting them the rights and protections of permanent employees. This paper critically examines the legal protection available to informal or casual workers in Nigeria and compares it with the more advanced framework in Australia. While Nigeria’s Labour Act makes limited provisions, it falls short of ensuring adequate protection, leaving workers vulnerable to job insecurity, unfair wages, and exclusion from social benefits. By contrast, Australia has made legislative reforms, particularly through the Fair Work Act and subsequent amendments, to provide clearer definitions, rights, and pathways to permanency for casual employees. This study underscores the urgent need for statutory regularization and enforcement mechanisms in Nigeria, highlighting the comparative insights that Australia offers. It concludes by recommending a comprehensive review of Nigerian labour laws to bridge the gap between formal and informal employment, safeguard workers’ rights, and promote fair labour practices.