Hon. Justice Joyce Damachi of the Lagos Judicial Division of the National Industrial Court has declared that the industrial accident which resulted in the crushing of Mr John’s right hand and the permanent loss of three of his fingers was caused by the gross negligence of Dingshengyuan Plastic Processing and Manufacturing for failure to provide safe working machinery, safe systems of work and protective equipment.
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The Court ordered Dingshengyuan Plastic Processing and Manufacturing to pay Mr John the sum of N504k as special damages for pharmaceutical expenses, N41k as one month’s salary in lieu of notice, N20m as general damages for the permanent physical disability and psychological trauma suffered as a result of the Company’s negligence, and N500k as costs of the action within 30 days.
From facts, the Claimant, Mr John, had averred that after the accident that occurred to him at his workplace, Dingshengyuan Plastic Processing and Manufacturing abandoned him without adequate medical treatment, compelled him under duress to accept N500k through a roadside point of sale transaction and later denied him access to its premises despite the deteriorating condition of his injured hand.
However, Dingshengyuan Plastic Processing and Manufacturing neither entered appearance nor filed any defence before the Court despite being served with the originating processes and several hearing notices, and took no part in the proceedings throughout the trial.
Learned Counsel to the Claimant, Cajetan Amasike Esq., submitted that his client is entitled to the reliefs sought on the ground of the Defendant’s breach of the contract of employment and the tort of negligence.
Counsel argued that the Defendant’s act of sacking the Claimant without treatment or terminal benefits after his hand was shattered constitutes a constructive termination and an unfair labour practice, and urged the court to enter judgment as prayed.
In a well-considered judgment, Hon. Justice Joyce Damachi held that although the Defendant failed to defend the action, the burden remained on Mr John to establish his claims on the balance of probabilities, and that his oral testimony together with the documentary evidence tendered constituted credible, cogent and unchallenged evidence in proof of his case.
The Court stated that an employer owes its employee a personal and non-delegable duty of care to provide safe machinery, a safe system of work and adequate protective equipment.
The Court found that the employment relationship between Mr John and Dingshengyuan Plastic Processing and Manufacturing imposed such a duty on the Company.
Justice Damachi held that the uncontroverted evidence established that Dingshengyuan Plastic Processing and Manufacturing breached its duty of care by operating the machine with one fuse instead of two, failing to provide protective equipment and proper training, and exposing Mr John to an unsafe working environment which directly resulted in the crushing of his hand and the permanent loss of three fingers.
The Court further held that the N500k paid to Mr John could not amount to a voluntary compromise or waiver of liability because the evidence established that the payment was obtained under physical and psychological duress while he was in excruciating pain and under threats of abandonment.
Justice Damachi found that the payment did not exculpate Dingshengyuan Plastic Processing and Manufacturing from liability.
Justice Damachi found that Dingshengyuan Plastic Processing and Manufacturing breached the duty of care it owed to Mr John and that the breach was the proximate cause of the injuries he sustained.
The Court consequently entered judgment in favour of Mr John, granting the declarations, damages, costs and consequential orders contained in the judgment.
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