Court grants former Highlanders secretary general $53 million

Former Highlanders Football Club secretary general, Nkululeko Mabhena is all smiles after the Bulawayo High Court granted him $53 million an amount more than the Distressed Industries and Marginalised Areas Fund (Dimaf) set aside for ailing firms in Bulawayo.

Mabhena and his employers PG Industries had been embroiled in a 12 year labour dispute with his employers paying a salary fives times lower than his actual position that of a Marketing Director.

It has taken four High Court orders and on Supreme Court order and all the orders were Mabhena's favour.

Mabhena who was once pronounced dead twice by doctors at United Bulawayo Hospital and "came back to life" on his way to the mortuary approached the court after his employers had sacked him and later re-employed him to a junior position, defying a court order to reinstate him to his previous position of MD.

He was demanding that PG Industries (Zim) Ltd and its Mutare division PG Zimboards reinstated him to his position of MD and pay him $53 million in salary arrears dating back to 2000.

Justice Lawrence Kamocha ruled in Mabhena favour.

"The respondents have re-employed the applicant ( Mabhena) from 28 February 2009 to an inferior position contrary to the order of this court. The applicant be and is hereby declared re-instated to his post of Marketing Director , job grade E4, Executive Head Sales and Marketing Departments of 1st or 2nd respondents effective 28 February 2009 as per letter by the respondents dated 27 February . The respondent purported to reinstate the applicant wrongly by giving him a junior post with a lower salary and benefits," ordered Kamocha.

 " He was allegedly reinstated to the position of Customer Services Manager a grade D4 position. But the applicant's position before the purported dismissal was that of a Marketing Director grade E4 ( Executive Head of Sales and Marketing Departments of PG Zimboard Products Pvt Ltd). What the respondents attempted to do was not in terms of the court order as they were demoting the applicant to a lower grade. The respondents were clearly wrong."

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