Temba Dube
Sikhumbuzo Moyo
A 40-YEAR-OLD HIV positive widow is in the eye of a legal storm after her former employer and supervisor slapped her with a combined US$22 000 defamation lawsuit over claims she made about being fired for her HIV status.
Seasec Security Company is demanding US$16 000 from the former female guard for alleged defamation of character, while the firm’s secretary, Precious Mambewe, has personally filed a US$6 000 lawsuit against her.
The woman, who worked as a security guard, reportedly told Chronicle in May that she was unfairly dismissed because of her HIV status. Her former bosses are not taking the allegations lightly.
According to court papers, Seasec insists the woman was not fired because of her health condition but was dismissed after she failed to report for duty for three consecutive days and refused to renew her expired contract.
“The defendant made these false and defamatory statements following her dismissal from Seasec Security Company, where she was employed as a security, for breach of contract,” reads part of the company’s heads of argument.
The company also claims the woman failed to produce a doctor’s note to justify her absence and instead ran to the media, accusing Ms Mambewe of discrimination.
“These claims are false. The defendant was dismissed due to her refusal to renew her contract which was automatically terminated following her unsanctioned absenteeism,” the court papers argue.
According to Seasec, the National Employment Council Code for the security sector clearly states that three consecutive days of unexplained absence warrant automatic termination of contract.
However, reports indicate that the woman’s absence was due to a mandatory HIV review appointment at a clinic in Gokwe. She allegedly went for the check-up after being told to prove her HIV status before being allowed to go.
The explosive case has sparked heated debate about workplace discrimination, medical privacy, and the rights of employees living with chronic illnesses.
The widow now faces a daunting legal and emotional battle, with the lawsuits piling pressure on her already fragile situation.
Online Reporter