PG Industries is facing contempt of court charges after it failed to comply with an order compelling it to reinstate a former marketing director for its subsidiary, Zimboard Products.
BY MTHANDAZO NYONI
Bulawayo High Court judge Justice Lawrence Kamocha in 2012 ordered PG to reinstate Nkululeko Mabhena, but the company failed to comply and instead sought to retrench him.
However, summons seen by Southern Eye yesterday indicated that the Bulawayo High Court had set June 23 2015 to decide the fate of the company.
“This case (2208/14) is set down for hearing before honourable Justice Makonese on 23rd of June 2015 at 10am,” part of summons read.
Last month, judge Justice Andrew Mutema ordered that the decision by the chairperson of the Retrenchment Board and Labour and Social Welfare ministry to hear and determine or recommend the retrenchment of Mabhena while case HC3432/12 was pending before the court, be set aside.
PG Zimboard Products was ordered within 30 days, which elapsed on Monday, to issue out “a contract of employment with all conditions of service for the applicant (Mabhena), failing which the parties must seek an arbitration or court to fix such a contract”.
“Whatever payments made to applicant under the purported retrenchment proceedings namely $10 000 shall be allocated towards the applicant’s pay or salary under the disputed contract of employment,” part of the court order reads.
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In his evidence-in-chief, Mabhena said his woes started in 1999, but escalated in January 2004 when he was taken ill and admitted to Mater Dei Hospital battling for his life.
He said PG Industries and Zimboard Products (Pvt) Ltd refused to re-register his medical aid and take responsibility for his medication.
He said on January 21 and 22 2004 he was pronounced dead at United Bulawayo Hospitals and on hearing of his “demise” PG Industries and Zimboard Products (Pvt) Ltd quickly paid out Z$10 million for his funeral expenses, which they said was a donation as he had voluntarily resigned and was no longer an employee.
Mabhena told the High Court that when he “miraculously” recovered, his employer connived with his wife’s relative, Jethro Siziba, and the then PG group legal officer to have his wife file an urgent Maintenance Court application falsely alleging that the Z$10 million was actually paid to Mabhena as terminal benefits following his voluntary resignation “while in a coma”.
