Court grants ex-NBC staff N80k in damages, reject N100m claim against company
By Jude-Ken Ojinnaka
The National Industrial Court sitting in Lagos has ordered the Nigerian Bottling Company Limited (NBCL)(defendant) to pay one of its ex-staff Mr Abifarin Oluwadamilola Elijah (claimant) the sum of N80, 750.00 proved as one of his claims for the money he allegedly spent on treating himself due to injury he sustained while he was with the defendant
However, the Industrial Court refused the N100 million claim and other claims sought by the former staff against his employer, the Nigerian Bottling Company Limited (NBC) as he could not prove his claims.
Justice Elizabeth A. Oji (PhD) had in her judgement on the suit marked NICN/LA/329/2020, held that claimant failed to prove by evidence that the defendant (NBC) directly or indirectly caused his health condition by lack of its duty of care.
On whether the Claimant is entitled to the reliefs sought, the Court held that the Claimant failed to prove most of the expenses he allegedly spent on treatment except for the sum of N80, 750.00 (Eighty Thousand Seven Hundred and Fifty Naira) as proved.
Consequently, the Court ordered NBCL to pay the Claimant the sum of N80, 750.00 (Eighty Thousand Seven Hundred and Fifty Naira) only.
The Claimant had in the suit filed by his counsel stated that he was employed by the defendant on 13th day of June 2018 as a Syrup Process Technician at the Ikeja Plant.
In his statement of claim, he averred that during a night shift at the defendant’s Ikeja Plant B, he was ordered and forced by one Mr. Akin a shift leader, to leave his department and join another department for a rework of Pulpy Orange (85cl), which involved lifting the heavy packs of juice, specifically 3 pallets of 5 Alive 85cl Pulpy Orange juice.
Claimant averred that while he was working, he collapsed due to a sharp back pain as a result of backbone (spine) damage caused by carrying the heavy loads.
“On the 7th day of May 2020 precisely at about 4:00am, the Claimant visited the defendant’s clinic as a result of the injury and was given treatment and medication.
He stated that he visited Subol Hospital and was placed on a total of 14 days sick leave. Subsequently, he (claimant) was directed to the same Subol Hospital Ltd wherein series of tests and x-rays were conducted, and the report dated 8th of May 2020 addressed to the defendant stating the present conditions and incapability the Claimant is subjected to as a result of the injury developed in the course of his work with the defendant.
Upon further consultation with Holy Trinity Hospital, it was advised that the Claimant should avoid sitting, standing and walking for long and any other activities that may complicate his medical condition.
Subsequently, the defendant instructed the Holy Trinity Hospital and Subol Hospital to stop the medical treatments and the Claimant was informed that he was no longer covered under the hospital policy.
The Claimant then resorted to using his personal funds for his medical treatment and was supported by family and friends when his conditions began to reverse to worst, leading to more weakness in his limbs and numbness of the legs.
The Claimant added that he sought independent assessment for medical treatment abroad, particularly in Dubai, U.A.E. and Turkey and Claimant furnished the Hospital with all the medical reports received from all hospitals and laboratories.
Two neurosurgeons were recommended, one in Dubai, U.A.E and the other in Turkey with the estimated cost for such operation and medical treatment.
The Claimant preferred to go along with the Neurosurgeon in Dubai which Ms. Guneet Bhatia estimated at a cost between $7,500 to $18,000, apart from the estimated fee to be paid to the Neurosurgeons.
Consequently, the Claimant sought for the following reliefs against the defendant:
‘’An order directing the defendant to pay to the Claimant the sum of N620,480.50 being reimbursement for all expenses spent by the Claimant for his medical treatment.
‘’An order directing the defendant to pay to the Claimant the cost of treatment for the surgery to be carried out on the Claimant by a Neurosurgeon in Dubai, United Arab Emirate of a minimum of $7,500 (Seven Thousand, Five Hundred U.S Dollars).
‘’ An order directing the defendant to pay to the Claimant the sum of $48,455 (Forty-Eight Thousand, Four Hundred and Fifty- Five U.S Dollars) being the estimated cost required to fly the Claimant from Nigeria to Dubai, accommodate him there and perform other ancillary services and treatment.
‘’An order directing the defendant to pay to the Claimant the sum of N100,000,000 (One Hundred Million Naira) being compensation for the pain, discomfort, agony, incapacitation, discomfort and trauma suffered by the Claimant or any such amount as the court may deem fit’’.
But, in its defence, NBCL contested the claims of the claimant. The company averred that reworking does not require any particular set skill and therefore, there was no specific department for reworking duties in the defendant’s employment.
The defendant added that reworking does not involve lifting any cases of juice whether heavy or light as the pallets of drinks are already positioned for the exercise and the Claimant’s supervisor’s consent was not required to be sought by Shift Leader for the relevant day before the Claimant could participate in the reworking exercise since the defect sought to be remedied happened during the batch of drinks worked on by the Claimant.
The defendant submitted that Claimant was assigned two pallets (containing 150 cases of juice each) and he sorted 105 cases out of the first pallet before disappearing without any explanation, excuse, permission or notification to his colleagues, supervisors or line managers.
The defendant insisted that the allegation that the Claimant collapsed was untrue as not even one of his colleagues with whom he was carrying out the reworking exercise saw the Claimant collapsing and out of a total number of about 20 workers who participated in the reworking exercise, only the Claimant who did not complete his own task complained of discomfort as a result of the exercise.
The defendant stated that the Claimant made it a habit to visit an unapproved hospital; Estate Clinic and Maternity Home on his own volition and presented mutilated/blotted sick leave documents from there.
In her Judgement, Justice Orji held that: ‘’The Claimant’s evidence did not establish that the job function he was at the point of the alleged injury was not a manufacturing function. Further, the account of the Claimant on how he came about the injury is inconsistent. As a result of the inconsistency, the Claimant has not established to this Court that he collapsed, and at what time he collapsed.
On whether the defendant breached any duty it owes to the Claimant, the court in its wisdom said:
“the Claimant’s counsel argument crumbles in the face of exhibit C1, which shows that the Claimant was employed in defendant’s manufacturing function. The Claimant has not established that what he was doing on 7th May 2020 was not a manufacturing function.
‘’The Claimant did not prove that he was assigned what he was not contractually employed to do, or that any accident or incident occurred to him, while performing the said function.
“The Claimant has not established that thing the defendant was expected to do, which it failed to do. Therefore, I find that it is not proved by evidence that the defendant directly or indirectly caused the health condition of the Claimant, by lack of its duty of care. I so hold”.