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Hon. Justice Muhammad Adamu Hamza of the Port Harcourt Judicial Division of the National Industrial Court has ordered the Steam Broadcasting & Communications to compute and pay Mr Udofia terminal benefits forthwith and awarded the sum of N5m as general damages in favour of Mr Udofia for breach of its duty of care and unfair labour practice.
From facts, the Claimant, Mr Udofia, submitted that, despite repeated demands, Steam Broadcasting failed to provide him with protective equipment and threatened him with dismissal whenever he complained about unsafe working conditions.
Mr Udofia further stated that due to prolonged exposure to workplace hazards, he gradually impaired his eyesight, resulting in permanent blindness, and that although Steam Broadcasting initially paid for one round of medication after an eye examination, the Company later left him to bear the medical expenses until his employment was terminated on the grounds that his services were no longer required.
Mr Udofia also contended that while other disengaged employees received their severance benefits, Steam Broadcasting failed to pay him any terminal benefits, compensation, or outstanding entitlements, despite his compliance with the directive to surrender all company property.
In defence, Steam Broadcasting maintained that Mr Udofia merely supervised maintenance activities, that specialist artisans carried out welding works, that appropriate personal protective equipment and medical health insurance were provided to employees, and that Mr Udofia never requested any safety equipment that was refused.
Learned Counsel to Steam Broadcasting submitted that a medical examination revealed that Mr Udofia suffered from advanced glaucoma unrelated to his employment and argued that no expert medical evidence was produced to establish any causal relationship between the alleged workplace exposure and the loss of sight.
Counsel urged the Court to dismiss the suit on the ground that Mr Udofia failed to discharge the burden of proving that his blindness arose out of or in the course of his employment and that the claim was speculative and unsupported by credible medical evidence.
In opposition, learned Counsel to Mr Udofia argued that Steam Broadcasting & Communications breached its duty of care by failing to provide a safe workplace and necessary protective equipment contrary to its obligations as an employer, and maintained that the company's negligence resulted in Mr Udofia’s permanent blindness.
Counsel further argued that the Employees' Compensation Act protects both permanent and casual employees, that the absence of expert medical evidence was not fatal to the claim, and urged the Court to grant the reliefs sought.
After careful analysis of the pleadings filed by the parties, Hon. Justice Muhammad Hamza held that Mr Udofia was merely diagnosed with glaucoma and did not attribute the condition to welding flashes, chemicals, or any occupational exposure, while no ophthalmologist or other medical expert testified to establish Mr Udofia’s claims.
The Court further held that Mr Udofia stated that his eye problem commenced around 2014 or 2015, which assumed considerable importance since the legally recognisable employment relationship only commenced in October 2016, and liability could not be imposed on Steam Broadcasting & Communications for a condition that predated the contractual relationship.
Justice Hamza nevertheless held that although Steam Broadcasting & Communications asserted that it provided personal protective equipment to Mr. Udofia, it failed to establish that the equipment was in fact supplied, having produced no PPE issuance records and called no officer responsible for issuing such equipment.
Justice Hamza further held that having served Steam Broadcasting & Communications from October 2016 until November 2022, Mr Udofia was entitled to his terminal benefits, and that the Company failed to properly compute and pay those benefits after terminating his employment.
The Court held that the Defendant's failure to compute and pay Steam Broadcasting & Communications terminal benefits for over six years constituted an unfair labour practice attracting judicial sanction.
The Court, however, declined the claim for compensation arising from the permanent loss of sight, holding that although breach of duty had been established, Mr Udofia failed to prove the necessary causal link between the absence of protective equipment and the glaucoma which resulted in his blindness.
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