‘Dead’ man sues for $73 million

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THE Ministry of Labour and Social Welfare minister has been sucked in the $73 million case between PG Industries and the company’s marketing director who once was mistakenly certified dead.

RICHARD MUPONDE

Nkululeko Mabhena is suing PG for about $73 million in salary arrears and benefits dating back to nine years ago.

He is also challenging his retrenchment.

A doctor certified Mabhena dead in 2004, but he later regained consciousness after he had been placed in a mortuary.

In his High Court chamber application served on Labour minister Nicholas Goche and PG Industries on Thursday last week, Mabhena is seeking the reversal of the ministry’s approval of his retrenchment without following the company’s remuneration policy.

Chairman of the Retrenchment Board, the Retrenchment Board, Minister of Labour and Social Welfare Nicholas Goche, PG Industries (Zimbabwe) Limited and Zimboard Products (Pvt) (Ltd) are cited as first, second, third, fourth and fifth respondents.

The ministry, which was under Paurina Mpariwa of the MDC-T during the coalition government era, issued the green light for Mabhena’s retrenchment through the Secretary for Labour and Social Services, albeit without following PG Industries’ remuneration policy on Mabhena’s grade.

After the ministry’s approval, the company deposited $10 000 into Mabhena’s account as retrenchment package and offered him an old Madza B1800 at book value.

However, Mabhena argued that the retrenchment was null and void.

“An arbitrary $100 was fixed as my salary as Director of the 5th respondent with other benefits contrary to the established conditions of service that included pension, accommodation, holiday allowances, a Mercedes Benz, housing share options and so on. The irrational decision of the 1st, 2nd and 3rd respondents to retrench me at the behest of the 4th respondent is travesty of justice, null and void, grossly unreasonable and cannot stand,” part of Mabhena’s founding affidavit reads.

Mabhena also questioned the company’s intention to retrench him before he was formally reinstated to his position of marketing director, as was ordered by High Court judge Justice Lawrence Kamocha on February 17 last year.

The judge ruled that he be reinstated to his position as marketing director with effect from February 28, 2009. Mabhena wanted his dues to be calculated from the time the court reinstated him in 2009 to date and also for the company to disclose benefits and packages of directors, including housing benefits and vehicles, among others.

11 COMMENTS

    • A, vadzimu ava vakaoma vakomana. Kumbofa, womuka, wodhonza more life. But asika, zvimwe ndezvimwe barume, kushanda nevashakabvu kwakaoma. Ndounonzi mudzimu mukuruka uyu. Maybe aida kuurayiwa pakambani ipapa apa saka vanhu vacho vaakutya kuti vadzimu ava vachazoda kudzorerawo fire ivo vobva vafa zvamuchose becoz zvekumuka muka izvi havazvigoni. Saka vkati better ayende.

  1. This guy was in a coma – I am shocked at the number of Zimbabweans buried alive because of doctors’ negligence. Its not witchcraft or a miracle by the way but medical science.

  2. asasi, idhodha siyazibonila. vaiti zvakazvikarova sendivo vakasika munhu iko kurikukona kwepfungwa kushanda zvadzakatsidzwa, hubenzi hwekuroya nyama yenguva yepanyika kwete mweya.mhosva hairove bhadharai munhu sekodzero yazvo, uriwe how far the pain.

  3. Mabhena is lucky to be alive otherwise many people die everyday as a resulty of health workers gross incommpetency and sheer negligence. Remember most of these doctors doing the rounds everyday are very junior doctors if not students experimenting on human life with no experience whatsoever. Does the govt care about the public?

  4. Surely how can a big company like that just deposit money for retrenchment into mabhena’s account without communicating and agreeing.If this is true ndiwo anonzi mapupu chaiwo ehuman resources management chamakadya chamuka hamudzidze. How can you peg mabhena’s salary on $100,such arrogance will soon come to an end. Somebody must answer for a company whose share is at 0.10 of a cent.By the way stakeholders are salivating for your half year accounts. When are they coming out . The current leadership will extinguish the brand if something is not done. Their labour issues are many ,how about customer issues. SOS. CRY OUR BELOVED PG. I fail to understand how the former minister approved such a retrenchment based on $100 salary for a marketing director. I know the honourable current minister will do justice to this issue. Baba Goche PINDIRAI. This company dismissed 35 innocent workers recently and the issue is at the labour court. Vanhu vanzwa nekushungurudzwa nevakuru.

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