By Desire Emmanuel
A National Industrial Court, Ibadan Division, has ordered a plastic producing company in the city, Ladox Limited, to pay one of its ex-workers the sum of N20 million for the life-threatening injury he sustained while working on one of the machines of the company.
Justice Dele Peters awarded the amount in favour of the worker, known simply as Gbenga, for the injury which has caused him permanent disability as a result of the negligence of the firm while in the course of his duty.
Gbenga told the court that while he was repairing one of the machines that was faulty, he had an accident when suddenly, the machine started to work, adding that when he had the injury, though Ladox was responsible for his treatment in Nigeria, he was subsequently flown to London not by Ladox but a private individual.
He averred that he even applied for a loan for his treatment and also wrote a reminder to the company. The management eventually gave him N100,000, adding that till date, the company did not ask about his treatment and welfare.
However, during the trial that spanned some months, the first defendant, the owner of 200 Stars Resources, which bought a division of the company from Ladox, told the court that he did not know the position of Gbenga at Ladox Plastics when he purchased it.
He added that he only bought a factory and the building in one of the divisions as stated in the Memorandum of Understanding and that Gbenga did not sustain the injury under him and hence, he could not have paid him any compensation.
He also stated that he did not buy any liability from the factory, but only purchased machines; that when he met Gbenga with his disability, he was not aware of any money due to him from Ladox Limited.
He therefore urged the court to hold that Gbenga has no cause of action against 200 Stars Resources and that Ladox Limited was his employer.
Delivering his judgment, Justice Dele Peters dismissed the case against 200 Stars Resources for lack of proof, and held that Ladox Limited owed a duty of care to Gbenga to ensure that the machines provided for him to work with are in a good working condition.
He also held that Ladox Limited breached the duty of care in the course of his employment and therefore ordered Ladox to pay the money to Gbenga.
