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Bosso to get $16,000 windfall?

by Richard Muponde
12 Jul 2015 at 09:14hrs | Views
A PG Industries marketing director who recently won a 16-year legal battle against his employer has filed another chamber application for the court to confirm his contract with a $21 000 net salary while Highlanders Football Club should get $16 000 from his benefits as part of his subscriptions to the club.

The contract, which PG Industries was ordered to craft according to the company's payment policy, entitled Dumisani Mabhena to over $70 million in salary arrears and benefits, an upmarket house and a Mercedes Benz C class among other benefits, which include household furniture worth $43 000.

Mabhena, who is a former Highlanders FC secretary and is a life member of the club, was also entitled to choose a social club to which PG Industries was supposed to pay subscriptions on his behalf. According to court papers, his subscriptions fees which amounted to $1 000 every year were supposed to go to Bosso, but PG Industries has not been paying for the past 16 years.

When Bulawayo High Court judge Justice Andrew Mutema reinstated Mabhena in May, he ordered that the company confirms his contract within 30 days up to 25 June, but it did not comply.

This has forced Mabhena to re-approach the High Court seeking an order confirming his contract. The matter is still to be set down for hearing.

Meanwhile, Mabhena is also pushing for the incarceration of his bosses for deliberating supplying false information to the court when the company clandestinely tried to retrench him before the move was thwarted by Justice Mutema.

The contempt of court case is going to be heard on Wednesday.

Mabhena was reinstated to his position in December 2012 by Bulawayo High Court judge Justice Lawrence Kamocha but the company failed to comply with the order and instead sought to retrench him.

According to court papers, when PG Industries realised that Mabhena was refusing to be retrenched, the company reportedly connived with Retrenchment Board chairman Mr Francis Mafuratidze to forge the Minister of Public Service and Social Welfare's signature for consent on Mabhena's retrenchment.

After the purported approval, PG Industries deposited $10 000 in Mabhena's account as a retrenchment package and offered him an old Mazda B1800 at book value.

However, Mabhena rushed to court and challenged his retrenchment arguing that the retrenchment consent was fraudulent as it had not been authorised by the Minister.

He also sought the arrest of PG Industries bosses for deliberately supplying the High Court with false information about his retrenchment.

At the height of the case, Mr Mafuratidze in November 2013 confessed in court that he had exclusively dealt with Mabhena's retrenchment without the involvement of the Minister as required by law.

Mr Mafuratidze confessed after Mabhena sued former Labour Minister Mr Nicholas Goche over the retrenchment approval.

Mr Goche reportedly distanced himself from the matter, the court papers reveal.


Source - sundaynews