JUDGMENT
TORKORNOO (MRS) JSC:-
Background
The plaintiff/respondent/appellant (hereafter referred to as Plaintiff) worked for the defendant/appellant/respondent (defendant) from November 2010 to March 2014. On 4th March 2014, he was diagnosed with chronic glaucoma, with the evaluation that it is not likely that his vision would improve. The records show that in October 2013, a clinic that attended to the defendant’s employees had recommended that the plaintiff should be taken off night shifts and placed on day shifts, as a result of the ailing condition of his eyes.
Following the termination of his employment as a result of a redundancy exercise in March 2014, he commenced the present action in September 2014 for the following relief:
‘The plaintiff’s claim against the Defendant is for damages for loss sustained by him as a result of the negligent and/or breach of statutory duty of the defendant whilst employed by the defendant as a dozer operator in the mining department.’
Pleadings
In …