The Presiding Judge, sitting in Abeokuta Judicial Division of the National Industrial Court, Hon. Justice Sanda Yelwa, has ordered Goodwil Ceramic to pay Mr Ayobami the sum of N25,000,000 (Twenty Five Million Naira) as compensation for the permanent injury sustained during the course of his employment.
The Court held that Mr Ayobami remained in employment of Goodwil Ceramic in the absence of any termination of his employment after his injury, and directed Goodwil Ceramic to pay the Claimant the sum of N1,376,000 (One Million, Three Hundred and Seventy-Six Thousand Naira) being arrears of salary/allowances from 1st December 2020 to 31st July, 2024, with the sum of N5,000,000.00 (Five Million Naira) only as general damages for psychological trauma of having been deprived of his due salary/allowances within 30 days.
From facts, the Claimant- Mr Ayobami had submitted that while working at his workplace, he had an accident with a machine and he was badly injured, and Goodwill Ceramic conveyed him to the hospital where he was admitted and underwent serious surgery.
Mr Ayobami claims that Goodwil Ceramic abandoned him at the Hospital and his salary was subsequently reduced by approximately 50%, and argued that the accident arose out of the company’s lack of care in all respects.
Mr Ayobami further maintained he made corresponding demands to Goodwil Ceramic through counsel for payments of his dues, but to no avail due to the defendant’s wrong estimated calculations.
In defence, the Defendant, Goodwil Ceramic, denied negligence in the industrial accident, arguing that cautionary equipment was provided to the workers, including Mr Ayobami, for their safety at work, and that the Company had provided treatment to Mr Ayobami.
Goodwil Ceramic avers that in respect to Mr Ayobami’s injury, only the National Social Insurance Trust Fund (NSITF) can calculate the amount payable to any injured worker in the course of duty, not Mr Ayobami.
Counsel urged the court to dismiss Mr Ayobami’s suit entirely, as the Claimant has failed to prove negligence, establish the Company’s fault for the accident, or substantiate the financial damages claimed.
In opposition, Mr Ayobami’s Counsel further submitted that the accident was attributed to Goodwil Ceramic’s sheer carelessness, and contended that Mr Ayobami has been permanently incapacitated, cannot use his dominant hand for gainful work, and his future has been “irredeemably jeopardized.
In a detailed judgment, the Presiding Judge, Justice Sanda Yelwa reiterated that where the employer/master fails in its duty of making provisions for safety materials to employees, the employer/master will be liable to compensate the employee in the event of the employee suffering from any injury caused to him in the course of performing his duties.
The Court held that it is the duty of Goodwil Ceramic to prove that it has trained Mr Ayobami and must ensure that it provides him the protective gadgets issued to him, and because this is the company’s work environment, every action and instruction must be documented, and the defendant must have ensured that the workers in the workplace always use the correct protective gadgets.
Justice Yelwa questioned Goodwil Ceramic’s argument that the issue of compensation of the claimant is the responsibility of the Nigeria Social Insurance Trust Fund (NSITF) when no record of compliance with the NSITF has been made by the defendant as employer to NSITF, Employees’ Compensation Scheme (ECS) and the National Council for Occupational Safety and Health regarding this industrial accident.
The Court stated that Goodwil Ceramic failed to show that Mr Ayobami was adequately trained on the high-risk machine and given more personal protective equipment, that the defendant’s post-accident medical care bills and surgery cannot absolve the defendant of pre-accident negligence.
Justice Yelwa held that by the evidence before the Court, Mr Ayobami has shown a good case of the Goodwil Ceramic sheer carelessness and breach of duty of care. The defendant in this case has failed to discharge the duty of care imposed on him by law as the employer of Mr Ayobami.