SC 06-14 - ZIMASCO v MARIKANO

ZIMASCO PRIVATE LIMITED

v

MAYNARD FARAI MARIKANO

 

 

SUPREME COURT OF ZIMBABWE

GARWE JA, GOWORA JA & OMERJEE AJA

HARARE, OCTOBER 30, 2013 & JANUARY 13, 2014

A P De Bourbon SC, for the appellant

S J Chihambakwe, assisted by Ms Nemaramba, for the respondent

 

GARWE JA:    This is an appeal against the judgment of the Labour Court dismissing an application by the appellant to file supplementary heads of argument and setting aside the decision of the appellant to terminate the respondent’s contract of employment with itself.

The facts of this case are largely common cause and are these.   The respondent was employed by the appellant as a Medical Officer in 1995.  He rose through the ranks to become the Health Services Manager.  In terms of his letter of appointment, the appellant’s policies and procedures were incorporated into his employment contract.  On a date that is unclear on the papers, but between February and March 2009, the respondent was involved in a serious road accident, whilst about the appellant’s business.  The respondent suffered serious injuries to his spine as a result of which he was unable to attend to his official duties from 11 March 2009.  The respondent was allowed to go on sick leave on full pay for a period of ninety (90) days.  At the expiration of that period, the respondent was still unable to resume his duties and took more sick leave.  On 7 September 2009, the appellant’s services director, a Mr Zvaipa, wrote to the respondent directing him to furnish a copy of his doctor’s opinion, failure of which his remuneration and other benefits were to be suspended.  Following further correspondence exchanged between the two, the respondent made it clear that he remained in the employ of the appellant until such time as his contract was lawfully terminated.  On 18 September 2009 the appellant then wrote to the respondent advising that since he had exceeded the maximum sick leave permissible in a single year, his contract of employment was being terminated forthwith in terms of s 14 {4} of the Labour Act, [Cap 28:01](“the Act”).

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