Can an employer sue an employee for the recovery of a company car?

Employers have the right to sue for the recovery of any and all company assets from their former employees. Therefore, in Zimbabwe it is possible for an employer to sue and employee for the recovery of a company car. This is known as vindication.

An employer as the owner of a company car is entitled at law to vindicate its property from whoever it is or from whomsoever is in possession of it without the employer’s consent.

The Supreme Court in Nyahora v CFI Holdings (Pvt) Ltd 2014 (2) ZLR 607 (S) 613C – E held that:

‘The action rei vindicatio is available to an owner of property who seeks to recover it from a person in possession of it without his consent. It is based on the principle that an owner cannot be deprived of his property against his will. He is entitled to recover it from any one in possession of it without his consent. He has merely to allege that he is the owner of the property and that it was in the possession of the defendant/respondent at the time of the commencement of the action or application. If he alleges any lawful possession at some earlier date by the defendant then he must also allege that the contract has come to an end. The claim can be defeated by a defendant who pleads a right of retention or some contractual right to retain the property.’

How can an employer sue a former employee for the return of company property?

In order for an employer to be able to sue (action rei vindicatio) its former employee for the return of any and all of its company property in the former employee’s possession it is essential that:

(a) The employer be the owner of the property;
(b) At the commencement of the action, the property to be vindicated should still be in existence and the former employee be in possession of the property;
(c) The employer should prove that the former employee is in possession of the property without its consent.

The possible defences which can be raised by a former employee to a rei vindication are that:

(a) The employer is not the owner of the property in question;
(b) That the property in question no longer exists and can no longer be identified;
(c) That the former employee’s possession of such property is lawful; and
(d) That the former employee is no longer in physical control of the property.

Can a former employee still using company accommodation be evicted?

A former employee who may have been allocated company accommodation by a employer by virtue of his or her employment can be evicted from company accommodation. A person who has lost their employment cannot continue to enjoy the benefits of employment such as company accommodation. Consequently, a former employee whose employment has been lost cannot resist eviction by way of an action rei vindication.

In terms of the law in Zimbabwe, the owner of the property has a vindicatory right against the whole world. An action rei vindicatio is a remedy available to the owner whose property is in the possession of another without their consent.

Can an employer sue a former employee for the return of company property?

The answer is yes! Indeed, an employer can sue a former employee for the return of any company property. This principle is known as rei vindicatio, the objective of which is to restore physical control of property to its owner, with ownership forming the basis of the claim.

Most companies have company policies which define the term ‘company property’. However, in the absence of a definition, in general company property refers to any an all property whether movable or immovable. It also refers to any and all real and personal or otherwise tangible or intangible property, which is owned or held by, or for the account or benefit of the company.

Therefore, an employer can sue a former employee for the return of such as such:

(a) Cell phones;
(b) Computers and iPads;
(c) Computer systems and software;
(d) Copying machines;
(e) Credenzas;
(f) Desks and chairs;
(g) Duplicating machines;
(h) Facsimile machines;
(i) File cabinets;
(j) Modems;
(k) Motor vehicles.

An action rei vindicatio is therefore available to the owner to reclaim his/her/their property from whomever is in possession of it. This remedy is available to an owner in respect of both movable and immovable property. In order to succeed in an action for the recovery of property from a former employee, it is essential that the owner prove, (a) that he/she is the owner of the thing, (b) the thing was in the possession of the former employee at the commencement of the action and (c) the thing is in the possession of the former employee without his/her consent.

What action can an employer take against an employee who fails to return company property in Zimbabwe?

It is common cause in Zimbabwe that an employee who has lost their employment has no right to hold on to any company property. Put differently, a former employee who has lost their employment cannot hold on to the property of the former employer allocated to him/her by virtue of employment or as a condition of employment.

Therefore, in Zimbabwe a former employee cannot confiscate or hold hostage the property of a former employer after the termination of their employment contract due to the fact that the right to use and enjoyment would have been extinguished by the termination of the employment contract. Consequently, a former employee does not have a right to retention. Therefore, an employer is able to bring an action rei vindication against the former employee for the recovery of its property.