The National Industrial Court has ordered Nigerian firm, ICETE Limited to pay the sum of N10 million within 30 days to it’s late employee’s father.
The court gave the order on Wednesday while delivering judgement in the suit filed by the deceased father, Mr. Desmond.
The N10 million covers the deceased salaries for ten years, damages which include emotional trauma, pain and grievance.
Justice Elizabeth Oji of the Lagos Judicial Division held that the claimant is entitled to compensation for his unexpected loss of a child.
Background
Mr Desmond had approached the court claiming that his deceased son died in the cause of his duty due to the negligence of the company.
According to him, his son was a driver for the company and met his untimely death on duty.
He also stressed that the unfortunate circumstances might have been avoided if only the company had provided the minimum standard requirements for safety measures according to best global practice.
According to the deceased father, ICETE had also failed to provide materials or financial support for his child’s dependents.
He said all his effort on getting the appropriate support was abortive.
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Counter argument
The company argued that they were not negligent or unfair during the circumstances.
They also said their former employer was not on duty when he died adding that all information the claimant heard was hearsay and can’t be proven.
The defendant also claimed to have provided support during the recovery of the deceased’s body and financial support to the tune of N731, 000.00 during the burial.
ICETE further supported their claim by arguing that Mr Desmond failed to follow the provisions of the Employees’ Compensation Act, as to who he needed to approach for the compensation.
They avvered that since he could not make his claim for compensation at the Management Board of the NSITF, he was in no way entitled to it.
The plaintiff through his lawyer. Efe Ize-Iyanu Esq. opposed the company’s argument.he noted that such is at the plaintiff’s discretion.
Mr Desmond cited the Employees’ Compensation Act 2010 and referred such responsibility to the company.
He said the company was responsible for approaching Nigeria Social Insurance Trust Fund Management Board and not him.
The lawyer also told the court that his client can choose to come to the Court through the Common Law on tort and negligence or through the Employees’ Compensation Act, at his own will.
He prayed that the defendant’s claims, be set aside.
Court’s decision
The presiding judge, Justice Elizabeth Oji, held that the defendant is guilty of the charges against it.
The judge admitted that the deceased died at the point of duty, as he was on the spot because the company had sent him to work.
The judge said “The above evidence clearly shows that the Claimant’s Deceased’s son was at the location of his employment, at the time he met his death. He had no other reason to be at the location, if not because of his job. I find therefore that the Claimant’s son met his death, in the course of his employment.
“I have found already that the Claimant’s son died in the course of his employment with the Defendant. I have also found that the facts of the case point to negligence on the part of the Defendant, by the principle of res ipsa loquitor.” Justice Oji ruled
She said the claimant has the right to choose and ask for compensation under the Employees’ Compensation Act or to come to Court.
Consequently, she ordered ICETE Limited to pay Mr. Desmond the sum of N10 million being his late son’s ten years salary, General damages for pain, agony and emotional destabilization and the Cost of action within 30 days
