LABOUR and Social Welfare minister Nicholas Goche has been sucked into the $73 million case between PG Industries and the company’s marketing director once certified dead in 2004.
RICHARD MUPONDE SENIOR COURT REPORTER
Nkululeko Mabhena is suing PG for about $73 million in salary arrears and benefits dating back to nine years ago as well as fighting compulsory retrenchment.
A doctor certified Mabhena dead in 2004, but he later regained consciousness when he had been placed in a mortuary.
In his High Court chamber application served on 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.
Retrenchment Board chairman, Retrenchment Board, Labour and Social Welfare minister, 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 secretary for Labour and Social Services, 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 a retrenchment package and offered him an old Madza B 1800 at book value.
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However, Mabhena argued that the retrenchment was null and void.
“ . . . An arbitrary $10 000 was fixed as my salary as director of the fifth 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 first, second and third respondents to retrench me at the behest of the fourth respondent is travesty of justice, null and void, grossly unreasonable and cannot stand,” part of Mabhena’s founding affidavit read.
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 money 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.
