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...urges NSITF to promote occupational safety and health standards
The President of the National Industrial Court, Hon. Justice Benedict Kanyip, PhD, OFR has called on the NSITF to support activities and programs aimed at preventing workplace accidents and promoting occupational safety and health standards, and that the NSITF will be discharging its mandate and positively impacting on safe workplace if its gives support and meaning to the application of Article 14 of c155 of the International Labour Organization.
Justice Kanyip reiterated that Injury in the workplace is today a commonplace occurrence, and that Nigeria is expected to adopt measures that prevent workplace injuries, and where injuries do occur, to compensate for them. His lordship maintained that Nigeria, by virtue of its membership in the International Organization ILO, is bound by these twin objectives: to prevent and compensate for workplace injuries.
Justice Kanyip also stressed that according to the Committee of Experts on the Application of Conventions and Recommendations CEACR in its direct request to Nigeria that a workers have a duty to report forthwith to their immediate supervisor any situation that could present a hazard, and upon report, the workers are to withdraw temporarily from such hazards or undue risks considered as life threatening pending rectification of the situation.
Justice Kanyip made the remarks while delivering the keynote address at the Legal Stakeholders’ Interactive Session on Employees’ Compensation Scheme (ECS) Operation Workshop organised by the Nigeria Social Insurance Trust Fund (NSITF) held at the Barcelona Hotel, Abuja.
The Hon. President of the Industrial Court opined that duality of compensation for workplace injuries under the tort law and the Employees Compensation Act 2020 may work injustice to the victim, as a victim must choose either compensation under the ECA or that under tort law, not both, that a wrong choice would inevitably means that the victim can go without a remedy, and re-affirmed the Court’s role in shaping labour jurisprudence and ensuring that the objectives of the Employees’ Compensation Act are meaningfully realized through fair and consistent judicial interpretation.
In his welcome address, the Managing Director of NSITF, Barr. Oluwaseun Faleye reaffirmed the organisation’s commitment to enhancing the Employees’ Compensation Scheme through collaboration with employers, regulators, and legal stakeholders.
In her presentation, Hon. Justice (Prof.) Elizabeth Oji gave an insight into the Judicial interpretation and case law with respect to the statutory role of the NSITF in applying the employee Compensation Scheme, and how the National Industrial Court, the bastion of labour justice, achieved social justice through its judgments.
Justice Oji reiterated that the role of a Judges as a protector of Social Justice cannot be over-emphasized by virtue of By Section 254C(1) Notwithstanding the provisions of section 251, 257, 272 and anything contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters.
The panel brought together Judges of the Industrial Court, Stakeholders, captains of Industries and Judicial Staff to mention a few.
