The case of former Highlanders Football Club secretary-general Nkululeko Mabhena, who is suing his employer PG Industries for $53 million in salary arrears, took a new twist last week after he got an interdict barring his employer from dragging him before a disciplinary committee for alleged misconduct.
Mabhena had been suspended from work on September 27 pending a disciplinary hearing on October 3 for allegedly contravening a section of his employer’s code of conduct.
He reportedly refused to leave an office he currently occupies at DST Bulawayo to PG Timbers where he was expected to report to the managing director of that subsidiary.
However, before the disciplinary action commenced, Mabhena sort protection from the High Court.
Justice Lawrence Kamocha granted the interdict last week.
Part of the order reads: “That pending the return date the applicant be and is hereby granted the following relief: That the purported suspension of the applicant by the 4th (Banda) respondent on September 28 2011 be and is hereby suspended or placed in abeyance.
“The respondents jointly and severally be ordered to pay applicant’s allowance or salary of $671,51 and not interfere with benefits pending the finalisation of cases HC1713/09 and HC1792/1. That all disciplinary proceedings by the 4th respondent be set aside or suspended including the proposed hearing on October 3 2011 pending the finalisation of case number HC1713/09. That applicant be restored to the occupation of his office at DST number 68 Fife Street, Bulawayo.”
The new development comes hard on the heels of another lawsuit pending at the High Court in which Mabhena is suing his employers for $53 million in salary arrears and benefits.
Justice Kamocha is expected to deliver judgment in the matter.
PG Industries (Zimbabwe) Limited, PG Zimboard Products (Pvt) Ltd t/a Manica Boards and Doors, PG Industries (Zimbabwe) Limited group chief executive officer and James Banda, the managing director of PG Timbers Harare in his personal capacity are cited as 1st , 2nd 3rd and 4th respondents, respectively.