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Lagos –His Lordship, Hon. Justice J. D. Peters of The National Industrial Court of Nigeria, sitting in Lagos on Monday 11th February 2019 in a judgment dismissed suit filed by Mr. Ibrahim Yakubu (Claimant) against HITECH Construction Company Limited (defendant) for lacking merit that the Claimant has not proved his entitlement to any of the reliefs sought.
The Claimant approached sought against the Defendant among others; An Order of the Honourable Court mandating the Defendant to pay the Claimant the sum of =N=96,855.00 (Ninety Six Thousand, Eight Hundred and Fifty Five Naira) hospital expenses incurred by the Claimant in treatment of the injury sustained in the course of his employment between March and October 2015.
An Order of this Honourable Court mandating the Defendant to pay the Claimant the sum of =N=410,000.00 (Four Hundred and Ten Thousand Naira) being the arrears of salaries owed the Claimant by the Defendant from March to December, 2015.
An Order of the Honourable Court mandating the Defendant to pay the Claimant the sum of =N=20,000,000.00 (Twenty Million Naira) as compensation for the life-threatening injury the Claimant sustained while in the employment of the Defendant.
The Claimant as reported was employed by the Defendant by a letter dated 7/11/14 as a casual labour and sometime in August 2014, he was struck by the Defendant crane at a construction site while at his duty post; and was taken to a hospital at where he was treated albeit shabbily with the injury continuing to disturb him thereafter; that the injury became so excruciating and complained to the Officers of the Defendant who later after so much delay referred him to another hospital where he was examined and the said hospital was so unprofessional in handling his case that he was disappointed and frustrated that his family sensing danger posed by his condition took him to Kogi State where he was admitted at and discharged in April 2015; that the Defendant paid him salary up till February 2015; and currently living with pain.
Under cross-examination, the Claimant testified that he was the person removing the panels of the slabs before the crane would lift them up and that that is why it is possible for the crane to hit him; that he was not treated shabbily at the hospital, that when he travelled to Kogi State for his treatment; that he was treated very well and was discharged to be well.
The Defendant as revealed that as a result of the injury sustained by the Claimant, the Defendant formalized the employment of the Claimant and was deployed to the pre-cast section of the construction site; that the iron rod he was using slipped from his hands and forcefully him on the chest; that Defendant's crane was not responsible for the Claimant's injury, that the Claimant later absconded from work sometime in February 2015 that due to the downsizing exercise embarked upon by the Defendant in March 2015 as a result of redundancy the employment of 101 employees including the Claimant was terminated and all entitlements of all the employees concerned including the Claimant were paid.
Learned Counsel submitted that it is not disputed that the Defendant owes a duty of care to the Claimant but that the Claimant has failed to show how that duty of care was breached by the Defendant.
Counsel submitted further that there is no evidence before the Court to show that the Claimant worked for the Defendant from March to December 2015 to be entitled to the sum of =N=410,000.00 claimed as salaries earned.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice J. D. Peters expressed thus;
“It suffices from the pleadings of the parties and the unchallenged evidence led to hold that the Defendant as the employer of the Claimant owed the Claimant a duty of care. Has the Claimant proved the second element of negligence which is that the duty of care owed was breached?
“To succeed, the Claimant must prove not only the existence of a duty of care. He must also prove the breach of same and the fact that that breach of the duty of care resulted in the injury he sustained. This the Claimant has not done.
“Based simply on the admission by the Claimant I find and hold that the Claimant not having worked for the Defendant beyond 26/2/15, he is not entitled to be paid any arrears of salaries for March to December 2015.
“Compensation is monetary award for infringement on legal rights. In the absence of proof of a wrong or breach of a legal right, no compensation will be awarded.
“The bottom line of this Judgment is that the Claimant has not proved his entitlement to any of the reliefs sought. I so find and so hold.
“Finally, for the avoidance of doubt and for all the reasons as contained in this Judgment, the case of the Claimant lacks merit. I have no hesitation in dismissing same. I so do.” Justice Dele Peters declared.
