Indorama, affiliate firm’s employee tango over N12m final settlement claims

• Worker asks for N12m, company offers N5m

Ben Eguzozie

Indorama, Nigeria’s multi-billion-dollar fertilisers and petrochemicals company, which only last year joined the league of companies worth over $1 billion has been drawn out in a tango with an employee of its subsidiary company, SPEO Nigeria Ltd, over final settlement claims.

The staff, David Depreye, an employee of SPEO Nigeria Ltd, a service contractor to Indorama Fertilizer Limited (IFL), a Masher and deployed to Indorama bulk loading bay, sustained injury on his two legs while at work in IFL complex, and is asking from Indorama a final settlement claim of N12 million. But the latter has offered N5 million, the difference which has set both parties apart, with varying assertions.

Depreye recently addressed the media in Port Harcourt, where he made very strong allegations against Indorama to the effect that the company had abandoned him at a critical time when he was incapacitated (on his two legs) due to a workplace accident sustained inside the company’s complex. Through his lawyer, the staff has labelled financial settlement claims amid litigation.

According to him, Indorama refused or failed to provide him with medical support to help him recover from the injuries sustained.

However, the company, whose new gas deal offers $18 billion that could lift Nigeria’s economy, says this is contrary to the true position of the matter. According to Jossy Nkwocha, head of corporate communications at Indorama, the company had “responded immediately (to Depreye’s accident) by providing first aid medical treatment at the company’s clinic within the complex”.

Nkwocha told some journalists, including Business A.M. correspondent, that Depreye was thereafter transferred at the expense of Indorama to SPEO retainer hospital – Rehoboth Medical Service Hospital – where orthopaedic medication was administered.

He explained further that, in view of the fact that SPEO Nigeria Ltd was at the time of the accident not registered with National Social Insurance Trust Fund (NSITF), Depreye could not avail himself of the benefits accruable to an employee who suffered workplace accident as provided under the Employee Compensation Act (ECA).

“Consequently, on compassionate grounds, Indorama took over the medical bills of Mr. Depreye and ensured that he is kept on the payroll until this moment. In other words, his salary has been paid up to date.

“After being hospitalised for over a year at which time he went through corrective surgery on the legs at the expense of his employer SPEO and Indorama, he was eventually discharged but continued treatment on an outpatient basis,” the Indorama spokesman said.

This was the situation until in March last year, when Depreye filed a lawsuit at the National Industrial Court, Port Harcourt, requesting the court to, firstly, issue an order compelling his employer, SPEO and Indorama, to provide proper medical attention to his fractured leg; and secondly, to pay a total sum of N8 million as compensation plus N500,000 as legal fees.

Upon being served with the court process, Indorama invited Depreye and his lawyer to a meeting to resolve the matter amicably. In attendance was the SPEO managing director and his lawyer. It was observed there was a need to have further treatment to correct the surgery earlier conducted by Rehoboth Medical Services Hospital. The claimant and SPEO identified University of Port Harcourt Teaching Hospital (UPTH) as the hospital where the corrective surgery will be carried out. It was also agreed that the claimant, his lawyer together with SPEO’s MD., should go to UPTH for medical appraisal and obtain the cost implication of the final surgery. They reported back a cost of N1.9 million at a second meeting in the Indorama complex.

Nkwocha narrated that Depreye was to later decline further corrective surgery but opted rather for a traditional treatment in his village; with the money for treatment and compensation be handed over to him amounting this time to N12 million, paid in full and final settlement of all claims against the N8 million he had earlier requested the court to grant him.

Indrorama said, although it is not the direct employer of    Depreye, and therefore, not ordinarily liable for his treatment, the fertiliser company nonetheless offered to pay him N5 million in full and final settlement of all claims but he refused, “threatening us that ‘we shall meet in court”.

The suit dragged on at a Port Harcourt High Court between October and December last year. At the last adjournment on 24 December 2023, Depreye’s lawyer informed of an out-of-court settlement, applying for an adjournment to enable both parties to conclude.

Indorama said it was taken aback when in late January this year, Depreye rushed to the media to make allegations against the company. It claims the allegations are “spurious with a view to tarnishing the hard earned reputation of Indorama”.

The fertiliser company also said, it has continued to pay Depreye’s salary since his discharge from hospital over a year ago to date, despite his neither being on medical leave nor currently hospitalised. Also, with medical reports not shown he is unfit for work.

“Since his discharge from hospital over a year ago, he has refused to turn up at the Indorama complex for work while Indorama has for three years since the accident, continued to pay his salary and allowances till date,” Nkwocha said.

The company said, notwithstanding the umbrage, it has, on compassionate ground, invited again Depreye and his lawyer to a meeting this February, in the continuing search for an amicable resolution.