Kawonga v Administrator Ekwendeni Misssion Hospital (IRC 23 of 2003 ) (23 of 2003) [2005] MWIRC 51 (27 June 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 23 OF 2003


BETWEEN:


KAWONGA……………………...………………………………………………. APPLICANT


-and-

ADMINISTRATOR (THE) EKWENDENI MISSION HOSPITAL……………….……………………….………………………...……RESPONDENT




ORDER


Terminal benefits-Long service pay-Savings Scheme-Whether party can claim for more money under a scheme regulated by rules and regulations?

Upon hearing the applicant and the respondent in this matter, the court finds as a fact that the respondent had at all times run a savings scheme for its employees where a percentage of the employees’ salary was deducted and put into a savings fund to form pension benefits. The applicant was a member of this scheme. Her salary was deducted and put into a savings scheme the money to be withdrawn on retirement.


The court was convinced that the applicant was paid all her money from this scheme at the time of her retirement. The money seemed little because the applicant was paid in two phases. The first payment was made in 1986 comprising her pension contributions from 1966 to 1986. In 1987 the applicant joined a different scheme the money was paid out to her in 1997 as retirement package through Post Office Savings.


The court finds that the applicant was not entitled to any more money other than what was accrued in the savings scheme. The withdrawals were done in compliance with the savings scheme rules and regulations, which the applicant was aware of. Consequently this action is dismissed in its entirety.


Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this date in accordance with section 65 (2) of the Labour Relations Act.


Pronounced in Open Court this 27th day of June 2005 at MZUZU.



Rachel Zibelu Banda

CHAIRPERSON.