A Chinese company along the Lagos-Ibadan Expressway, Dingshengyuan Plastic Processing and Manufacturing, has been ordered by the National Industrial Court to pay N20 million as general damages for the permanent physical disability and psychological trauma suffered by one of its workers.
The worker, Mr Michael John, was said to have lost three of his fingers when his hand was crushed while operating one of the machines belonging to the company.
Justice Joyce Damachi of the Lagos division of the court on Wednesday declared that the industrial accident involving the worker 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.
The judge therefore ordered the company to pay Mr John the sum of N504,000 for pharmaceutical expenses, N41,000 as one month’s salary in lieu of notice, N20 million as general damages for the permanent physical disability and psychological trauma suffered and N500,000 as costs of the action within 30 days.
According to available court documents, Mr John averred that after the accident that occurred to him at his workplace, the company abandoned him without adequate medical treatment, compelled him under duress to accept N500,000 through a roadside point of sale transaction and later denied him access to its premises despite the deteriorating condition of his injured hand.
His counsel submitted that his client is entitled to the reliefs sought on the ground of the company’s breach of the contract of employment and the tort of negligence.
The counsel also argued that the company’s act of sacking John without treatment or terminal benefits after his hand was shattered constituted a constructive termination and an unfair labour practice, and urged the court to enter judgment as prayed.
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.
Delivering judgment, Justice Damachi held that although the company 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 judge 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.
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 John to an unsafe working environment which directly resulted in the crushing of his hand and the permanent loss of three fingers.
The judge consequently entered judgment in favour of Mr John, granting the declarations, damages, costs and consequential orders contained in the judgment.
