The National Industrial Court sitting in Port Harcourt has ordered Steam Broadcasting & Communications to compute and pay the terminal benefits of its former employee, Mr. Udofia, forthwith.
The court also awarded ₦5 million as general damages in favour of Udofia for breach of duty of care and unfair labour practice.
Delivering judgment, Hon. Justice Muhammad Adamu Hamza held that Steam Broadcasting failed to prove that it supplied personal protective equipment to Udofia during his employment, despite claiming that such equipment was provided.
Udofia had approached the court alleging that while working for the company, he was exposed to unsafe working conditions without adequate protective equipment.
He claimed that despite repeated demands, the company failed to provide him with protective gear and threatened him with dismissal whenever he complained about the unsafe environment.
According to him, prolonged exposure to workplace hazards gradually impaired his eyesight and eventually resulted in permanent blindness.
He said Steam Broadcasting initially paid for one round of medication after an eye examination but later abandoned him to bear his medical expenses until his employment was terminated on the ground that his services were no longer required.
Udofia further told the court that although other disengaged employees were paid severance benefits, the company failed to pay him any terminal benefits, compensation or outstanding entitlements, despite complying with the directive to surrender all company property.
In its defence, Steam Broadcasting denied liability and maintained that Udofia merely supervised maintenance activities, while specialist artisans carried out welding works.
The company also claimed that appropriate personal protective equipment and medical health insurance were provided to employees, adding that Udofia never requested any safety equipment that was refused.
Counsel to the company argued that a medical examination showed that Udofia suffered from advanced glaucoma, which was not related to his employment.
The company further submitted that Udofia failed to produce expert medical evidence establishing a causal relationship between his alleged workplace exposure and the loss of his sight.
It urged the court to dismiss the suit, arguing that the claim was speculative and unsupported by credible medical evidence.
But counsel to Udofia argued that Steam Broadcasting breached its duty of care by failing to provide a safe workplace and necessary protective equipment as required of an employer.
Counsel maintained that the company’s negligence resulted in Udofia’s permanent blindness and further argued that the Employees’ Compensation Act protects both permanent and casual employees.
After reviewing the pleadings and evidence, Justice Hamza held that Udofia was diagnosed with glaucoma but failed to provide medical evidence linking the condition to welding flashes, chemicals or any occupational exposure.
The court noted that no ophthalmologist or other medical expert testified to establish the claim that his blindness was caused by his work environment.
Justice Hamza also held that Udofia stated that his eye problem began around 2014 or 2015, whereas the legally recognised employment relationship with Steam Broadcasting commenced in October 2016.
The court held that this was significant, as liability could not be imposed on the company for a medical condition that predated the contractual employment relationship.
However, the court found that Steam Broadcasting failed to establish its claim that it provided Udofia with personal protective equipment.
Justice Hamza held that the company produced no PPE issuance records and did not call any officer responsible for issuing such equipment to prove that the protective gear was actually supplied.
The court also held that having served the company from October 2016 to November 2022, Udofia was entitled to his terminal benefits.
Justice Hamza found that the company failed to properly compute and pay those benefits after terminating his employment.
The court held that the failure to compute and pay Udofia’s terminal benefits for over six years amounted to unfair labour practice deserving judicial sanction.
Consequently, the court ordered Steam Broadcasting & Communications to compute and pay Udofia’s terminal benefits forthwith and awarded him ₦5 million as general damages.
The court, however, declined the claim for compensation arising from permanent loss of sight, holding that although breach of duty had been established, Udofia failed to prove the required causal link between the absence of protective equipment and the glaucoma that resulted in his blindness.
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