News / National
Ex-NatPharm manager wins US$1m suit for unfair dismissal
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In a landmark ruling, the High Court has ordered the National Pharmaceutical Company of Zimbabwe (NatPharm) to pay its former procurement manager, Raguel Mthombeni, nearly US$1 million for his unfair dismissal.
The court also ordered NatPharm to compensate Mthombeni for the costs of the legal proceedings. Mthombeni, who was employed by NatPharm as the procurement manager, had his contract terminated on July 14, 2020, prompting him to challenge the dismissal, claiming it was unjust.
The dispute began when Mthombeni filed a grievance over the termination of his contract, and the matter was referred to conciliation before Labour Officer F.V. Marovanyika. On May 19, 2021, the labour officer issued a certificate of no settlement, and a draft ruling was issued on September 8, 2022. The Labour Court, which had initially heard the case, ruled in favour of Mthombeni, ordering NatPharm to pay ZWL$12,804,277.56. However, Mthombeni was not satisfied with the ruling and appealed the decision.
In January 2023, the Labour Court granted confirmation of the draft ruling with amendments, but NatPharm opposed the decision. Following an appeal, the Supreme Court set aside the Labour Court judgment and remitted the matter back to the same judge for further determination.
On May 14, 2023, the Labour Court again ruled, upholding a point raised by NatPharm and striking the application off the roll for being fatally defective. This prompted Mthombeni to approach the High Court for the registration of the labour officer's ruling.
NatPharm opposed Mthombeni's application, but the court found no reasonable or arguable points in the company's submissions. The High Court ruled in Mthombeni's favour, stating that NatPharm had taken a dismissive approach to the legal process.
Justice Regis Dembure, in his ruling, criticized NatPharm for its conduct, describing it as an abuse of the court process. He emphasized that such actions warranted punitive costs and underscored the need for consequences when litigants seek to delay or frustrate the judicial process.
"Not only was this a sheer waste of time, NatPharm has been shown to be a litigant that wants to play football with the court," said Justice Dembure.
As a result of the court's ruling, NatPharm was ordered to pay Mthombeni US$935,511.57, nearly the entire amount he had claimed. The judgment sends a strong message about the importance of fair employment practices and adherence to legal processes.
The court also ordered NatPharm to compensate Mthombeni for the costs of the legal proceedings. Mthombeni, who was employed by NatPharm as the procurement manager, had his contract terminated on July 14, 2020, prompting him to challenge the dismissal, claiming it was unjust.
The dispute began when Mthombeni filed a grievance over the termination of his contract, and the matter was referred to conciliation before Labour Officer F.V. Marovanyika. On May 19, 2021, the labour officer issued a certificate of no settlement, and a draft ruling was issued on September 8, 2022. The Labour Court, which had initially heard the case, ruled in favour of Mthombeni, ordering NatPharm to pay ZWL$12,804,277.56. However, Mthombeni was not satisfied with the ruling and appealed the decision.
In January 2023, the Labour Court granted confirmation of the draft ruling with amendments, but NatPharm opposed the decision. Following an appeal, the Supreme Court set aside the Labour Court judgment and remitted the matter back to the same judge for further determination.
On May 14, 2023, the Labour Court again ruled, upholding a point raised by NatPharm and striking the application off the roll for being fatally defective. This prompted Mthombeni to approach the High Court for the registration of the labour officer's ruling.
NatPharm opposed Mthombeni's application, but the court found no reasonable or arguable points in the company's submissions. The High Court ruled in Mthombeni's favour, stating that NatPharm had taken a dismissive approach to the legal process.
Justice Regis Dembure, in his ruling, criticized NatPharm for its conduct, describing it as an abuse of the court process. He emphasized that such actions warranted punitive costs and underscored the need for consequences when litigants seek to delay or frustrate the judicial process.
"Not only was this a sheer waste of time, NatPharm has been shown to be a litigant that wants to play football with the court," said Justice Dembure.
As a result of the court's ruling, NatPharm was ordered to pay Mthombeni US$935,511.57, nearly the entire amount he had claimed. The judgment sends a strong message about the importance of fair employment practices and adherence to legal processes.
Source - newsday
