Kawonga v Administrator Ekwendeni Mission Hospital (IRC 23 of 2003 ) (23 of 2003) [2005] MWIRC 18 (23 March 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI

MZUZU REGISTRY


MATTER NO. IRC 23 OF 2003


BETWEEN:


KAWONGA……………………...…………APPLICANT


-and-

THE ADMINISTRATOR

EKWENDENI MISSION HOSPITAL…………………..RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson

Applicant; present

Respondent; Sikwese, Human Resources Manager

Namponya; Interpreter


ORDER



Upon hearing the applicant and in the absence any defence in the form of IRC Form 2 responding to the applicant’s assertions that she did not receive her full terminal benefits; It is hereby ordered as follows:


The respondent should within seven (7) days of this order produce to court a statement of the applicant’s benefits paid to her at the end of her employment contract with the respondent. The said statement should contain the following information among others:


  1. The number of years that the applicant worked for the respondent including the first date of employment and last date of employment;

  2. The salary progression throughout the period that the applicant worked for the respondent;

  3. The last salary of the applicant and the manner of termination;

  4. Whether the respondent had a savings (retirement) scheme for the applicant;

  5. If the respondent had a savings (retirement) scheme, what were the terms and conditions of that said scheme;

  6. A calculation including description of the payments made to the applicant at the end of her employment contract;

  7. A copy of the payment voucher for terminal benefits bearing the applicant’s signature or endorsement;

  8. Any other document that may assist the court in determining this dispute.


This order is made pursuant to section 71 (3) of the Labour Relations Act. TAKE NOTE that failure to comply with this order within the prescribed time entitles this court to hold the respondent in CONTEMPT OF COURT.



MADE IN OPEN COURT this 23rd day of March 2005 at MZUZU.




R Zibelu Banda (Ms.)

CHAIRPERSON.