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Hon. Justice Ikechi Nweneka of the Lagos Judicial Division of the National Industrial Court has ordered the Young Shall Grow Motors to pay Mr Emeka the sum of
N7,048,822.98 [seven million, forty-eight thousand, eight hundred and twenty-two naira, ninety-eight kobo] as a refund for medical expenses incurred during the accident encountered on the course of his employment as a driver with the transportation company.
The Court also ordered Young Shall Grow Motors to pay Mr Emeka the sum of
N4,500,000.00 [four million, five hundred thousand naira] as compensation for the injury, andN750,000 [seven hundred and fifty thousand naira] as cost of action.
The Court held that the fact that Mr Emeka has not worked since the accident, and will never be able to use his left leg effectively again, the rate of inflation, and the fact that life will never be the same again for him, Mr Emeka is entitled to a fair compensation for the permanent partial disfigurement.
From facts, the claimant- Mr Emeka had submitted that he worked for the Young Shall Grow Motors as a driver, and he was never issued an employment letter. He was not placed on a fixed salary; instead, he earned income based on the Defendant's payment arrangement.
Mr Emeka averred that while driving from Enugu to Lagos, he was involved in a severe motor accident caused by brake failure while descending a hill. As a result of the accident, his left leg was shattered.
Mr Emeka stated he has undergone multiple surgeries, and he has been confined to his sickbed, that as of the end of January 2020, his medical bills had accumulated to
N13,000,000.00.
In defence, the defendant- Young Shall Grow Motors insisted that Mr Emeka was never her employee. The Young Shall Grow Motors denied placing drivers on a monthly payroll, clarifying that drivers receive a predetermined amount of money before starting any trip, based on the route and the number of passengers onboard.
The Young Shall Grow Motors stated that Mr Emeka was engaged in discussions regarding the possibility of covering part of his hospital bills, even though Mr Emeka was not an employee of the firm and was the cause of the accident, as indicated by the police, and argues that there is no evidence before the Court to suggest that the accident was caused by the company’s negligence, as the essential element of negligence is absent.
Therefore, counsel argues that due to the absence of an employment relationship between the parties, Young Shall Grow Motors had no obligation to insure Mr Emeka, and urged the court to decline the reliefs sought.
In opposition, the claimant's counsel, O. Nwachukwu Esq., argued that Young Shall Grow Motors failed to defend the suit, as his evidence during the trial was never challenged. He urged the Court to award his client’s salaries and grant all the reliefs sought in the interest of justice.
Delivering judgment after careful evaluation of the submissions of both parties, the Presiding Judge, Justice Nkechi Nweneka, affirmed the employment relationship between the parties and held that the fact that Mr Emeka was paid his wages daily or per trip does not derogate from an employment relationship, that it only makes him a daily paid worker.
The Court reasoned that the Young Shall Grow Motors provided the buses and controlled how Mr Emeka performed his task, that Emeka could not delegate his assignment to another person, and a person under the employment of a company cannot, in law, be an independent contractor.
Applying the principle of primacy of facts, and considering the definitions of worker, employer and contract of employment in Section 91[1] of the Labour Act, the Court found an employment relationship between Mr Emeka and the Young Shall Grow Motors.
During cross-examination, the Defendant’s witness admitted that when an accident occurs and the company is notified, they will respond and pay the bills, Justice Nweneka queried why this did not happen for Mr Emeka, as he was abandoned by the firm.
The Court held that since Young Shall Grow Motors failed to maintain a Group Accident Insurance policy and there is no evidence of registration with the Nigeria Social Insurance Trust Fund, it has a clear duty to provide care for Mr Emeka.
The Court ruled that the Young Shall Grow Motors is liable for Mr Emeka’s medical treatment and for the permanent disfigurement of his left leg.
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