By Desire Emmanuel
A National Industrial Court has ordered a company, Goodwill Ceramic, to pay one of its workers, Mr Theophilus Ayobami, the sum of N25 million after he suffered a permanent injury when he lost his hand while operating the company’s machine.
Justice Sanda Yelwa of the Abeokuta division of the court gave the ruling after Ayobami dragged the organisation to court, claiming damages over the incident.
The judge held that the company erred by terminating the employment of Ayobami, saying the N25 million damage included arrears of his salary from 2020 to 2024, as well as payment for the psychological trauma of having been deprived of his due salary and allowances. The judge said the payment must be made within 30 days.
According to court documents, Mr Ayobami told the court that while working at the company, he had an accident with a machine and he was badly injured in his hand, and Goodwill Ceramic conveyed him to the hospital where he was admitted and underwent surgery.
He alleged that Goodwill Ceramic abandoned him at the hospital and his salary was subsequently reduced by about 50 per cent, saying that the accident arose out of the company’s lack of care in all respects.
He added that he made corresponding demands to Goodwill Ceramic through his counsel for payments of his dues, but to no avail due to the company’s wrong estimated calculations.
However, the company, through its counsel, denied negligence in the accident, arguing that cautionary equipment were provided for workers, including Mr Ayobami, for their safety at work, and that the company had provided treatment for him.
It also stated that in respect to 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 and Ayobami himself.
The counsel therefore urged the court to dismiss Ayobami’s suit entirely, as he failed to prove negligence, establish the company’s fault for the accident, or substantiate the financial damages claimed.
Mr Ayobami’s counsel however submitted that the accident was attributed to Goodwill Ceramic’s carelessness, and contended that Ayobami has been permanently incapacitated, cannot use his hand for gainful work, and his future has been irredeemably jeopardised.
Delivering judgment, Justice Yelwa reiterated that where the employer fails in its duty of making provisions for safety materials to an employee, the employer 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 judge added that it is the duty of Goodwill Ceramic to prove that it has trained Mr Ayobami and must ensure that it provides him the protective gadgets, and because this is the company’s work environment, every action and instruction must be documented, and the company must have ensured that the workers in the workplace always use the correct protective gadgets.
Justice Yelwa questioned Goodwill Ceramic’s argument that the issue of compensation is the responsibility of the Nigeria Social Insurance Trust Fund (NSITF) when no record of compliance with the NSITF has been made by the company as employer to NSITF, Employees’ Compensation Scheme (ECS) and the National Council for Occupational Safety and Health regarding this industrial accident.
The judge held that by the evidence before the court, Ayobami has shown a good case of the Goodwill Ceramic sheer carelessness and breach of duty of care.
The judge therefore told Goodwill Ceramic to pay the N25 million damages within 30 days.
