Introduction

Workplace injury claims against multinational corporations rarely favour employees. Power, wealth, and legal resources, either combined or individually, often tilt the balance toward the employer. Yet, every so often, a case emerges that defies this pattern.

One such case is Ilesanmi Temokun v. Nestlé Nigeria PLC & Mary Bolajoko Consultancy Services Ltd (NICN/IB/29/2022). A case that reaffirmed the enforceability of an employer’s duty of care and demonstrated that even the most ordinary employee can triumph when the law is on his side.

This article highlights Ilesanmi’s case where he was able to turn the tides against Nestlé, a representation of all three; power, wealth and legal resources.

The Gist of the Matter

Ilesanmi’s problems began on the 4th of September 2021, inside the Ibadan facility of Nestlé Nigeria PLC. A graduate of English and Literary Studies, he was trained for loading materials onto machines by Nestlé Nigeria PLC (the 1st Defendant) although recruited by the 2nd Defendant (Mary Bolajoko Consultancy Services Ltd.) for Nestlé.

On that unfortunate day, Mr. Ilesanmi Temokun, suffered an injury serious enough to change the course of his life and employment forever.

While there, a large iron locker, allegedly unsecured and improperly installed, fell on four other lockers and all 5 lockers fell on Mr. Ilesanmi causing him to lose consciousness and thereafter rushed to the hospital for medical treatment. The impact resulted in spinal shock, leaving him with lasting physical limitations and medical instructions to avoid strenuous activity and prolonged standing.

However, after Mr. Ilesanmi was discharged from the hospital, he returned to work but his condition only worsened and instituted an action against Nestlé Nigeria PLC for negligence before the National Industrial Court of Nigeria in Ibadan, Oyo State.

Ilesanmi’s Path to Justice

For many employees in large organisations, such incidents are quietly endured. A token gesture of assistance, perhaps an apology from such organisations, and life moves on, usually with pain and silent frustration. The employee believing and convinced that he/ she would not be able to receive anything more from their employer.

Mr. Ilesanmi decided to take a different path – a path to seek justice in the Courts of Nigeria – trusting in the judiciary.

What Mr. Ilesanmi Asked the Court

He approached the National Industrial Court of Nigeria (NICN)*, Ibadan Division, alleging negligence and breach of the duty of care owed to him. He made the following requests to the Court:

1. A Declaration* that Mr. Ilesanmi is entitled to compensation and or damages* by Nestlé Nigeria PLC for negligence.
2. An Order* of the Court compelling Nestlé Nigeria PLC to pay Mr. Ilesanmi the sum of N10,000,000.00 (Ten Million Naira) only, as General Damages*.
3. Such further Orders the Court may wish to grant.

After stating his request before the Court through his legal representative, he made the following argument:

• The accident was preventable.
• The equipment that fell on him was not properly secured.
• Nestlé failed to provide a safe working environment, as required under the Factories Act (Cap F1, LFN 2004) and established labour principles.

What the Trial Court* Held

The matter was heard by Hon. Justice John Peters, known for his meticulous approach to labour disputes.

In order to properly determine the case, the Court examined the following:

1. The incident report
2. Medical evaluations showing the extent of injury
3. Workplace safety procedures
4. Employer obligations under Nigerian law

The core issue the Court had to look at was whether or not Nestlé was negligent towards Mr. Ilesanmi and whether or not there was a cause of action* against the 2nd Defendant, Mary Bolajoko Consultancy Services Ltd.

In order to prove a case for negligence, three (3) core issues have to be present:

• That Nestlé Nigeria PLC owed Mr. Ilesanmi a duty of care*.
• That the duty of care was breached by Nestlé.
• That Mr. Ilesanmi suffered damages as a result of that breach by Nestlé.

After reviewing the facts, the court held that:

1. Nestlé did indeed breach its duty of care by failing to ensure that iron locker in the Cloak room was secure.
2. The accident was foreseeable, given the nature of the equipment and its placement.
3. The employer’s negligence directly resulted in the injury suffered.

For the 2nd Defendant, Mary Bolajoko Consultancy Services Limited, the Court held that there is no cause of action against it as Mr. Ilesanmi made no direct claim or request for relief from it. The 2nd Defendant was dismissed from the case.

The Judgment of the Court

In 2024, the NICN delivered judgment in favour of Mr. Ilesanmi, ordering Nestlé Nigeria PLC to pay:

• ₦10,000,000 as compensation for the injury.
• ₦500,000 as cost of the action.
• 30 days to comply with the judgment sum after which 20% annual interest will be paid on the judgment sum until full liquidation.

Importantly, the case was never appealed, making the NICN judgment the final and binding decision.

Conclusion

While ₦10.5 million may be a small sum to a multinational corporation like Nestlé, the significance of this case cannot be measured in monetary terms.

Mr. Ilesanmi’s victory communicates three powerful truths:

1. The duty of care is not symbolic, it is enforceable. Employers cannot hide behind their size or reputation when preventable harm occurs.
2. The National Industrial Court remains a strong defender of workers. It is a court willing to hold even global corporations accountable when justice requires it.
3. Ordinary individuals can defeat powerful institutions. Through due process and perseverance, the weak can sometimes overturn the imbalance of power.

In a world where employees often feel overshadowed by the might of their employers, this case stands as a modern testament that the tables do turn, and when they do, justice speaks loudly.

Glossary

“Cause of Action“: It is a set of facts which give rise to a claim enforceable in court. It is a legally recognised wrong that creates the right to sue. Each cause of action consists of points the plaintiff must prove and all of these elements must be satisfied in order to take court action.

“Damages“: It is usually in the form of monetary compensation paid by the offending Party to the offended Party for injury or loss caused by the offending Party.

“Declaration“: A statement of Court stating that a relief requested by a Party is fact.

“Duty of Care“: a legal obligation to act towards others with prudence and vigilance in order to prevent any risk of foreseeable damage.

“General Damages“: harm which arises directly and inevitably from a breach of contract

“National Industrial Court of Nigeria (NICN)“: The Court in Nigeria with exclusive jurisdiction i.e. exclusive power, to hear and determine cases involving labour or workplace disputes.

“Order“: It is formal, legally binding directive of the Court directing a Party to do or stop doing a specific thing.

“Trial Court“: This is the court where the case/ suit was first brought to be determined/ judged.

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Written by Oladeji Ibukunoluwa

Edited by Onyinyechi Ezeoke