40-year-old HIV+ widow slapped with US$22 000 lawsuit

Sikhumbuzo Moyo, Senior Reporter

SEASEC Security Company has slapped its former HIV positive female security guard with a US$16 000 defamation of character lawsuit.

At the same time, the company’s secretary, Ms Precious Mambewe, has filed a US$6 000 lawsuit against the same security guard.

According to the Seasec Security Company’s heads of argument, sometime in May, the defendant, a 40-year-old widow, made defamatory statements to Chronicle that she was dismissed from her work due to her HIV status when in fact her dismissal was as a result of her being absent from work for three days and refusing to renew her contract as a result of the summary dismissal.

“The defendant made these false and defamatory statements following her dismissal from Seasec Security Company, where she was employed as a security guard, for breach of contract. The defendant blames the plaintiff for her dismissal, whereas she was dismissed after her contract was automatically terminated and refused to renew it after absenting from work for three consecutive days,” reads the papers.

The company claims the security guard failed to produce a doctor’s letter as proof that her absence was as a result to illness.

It further stated that instead of approaching relevant authorities within the company for a resolution, the defendant approached Chronicle and alleged that she was dismissed by Ms Mambewe as a result of her HIV status.

“These claims are false as the defendant was dismissed due to her refusal to renew her contract which was automatically terminated following her unsanctioned absenteeism and as a result was in breach of contract. The Code of Conduct of the National Employment Council of the security industry stipulates that if an individual is absent from work for three consecutive days without an explanation or production of a doctor’s note, that individual’s contract is automatically terminated,” reads the papers.

However, as reported by Zimpapers, the security guard’s absence was after she had gone for her mandatory review at a Gokwe clinic in the Midlands province. She did so, having been denied to go unless she provided evidence that she was HIV positive.

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