Court name
Industrial Relations Court
Case number
IRC Matter 221 of 2002

Wilson v Petroleum Services (IRC Matter 221 of 2002) [2005] MWIRC 74 (17 November 2005);

Law report citations
Media neutral citation
[2005] MWIRC 74

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




PRINCIPAL
REGISTRY




MATTER
NO. IRC 221 OF 2002




BETWEEN




WILSON…...………………...……………………………………………APPLICANT





  • and
    –




PETROLEUM
SERVICES LTD………………………………………RESPONDENT








CORAM: R.
Zibelu Banda (Ms): Chairperson


Applicant: Present

Respondent:
Absent without excuse


Chinkudzu: Official Interpreter




ORDER



Termination-Benefits-Terminal
Benefits-Notice pay-Severance allowance- Employee’s entitlement to
terminal benefits.




The
applicant was employed for 12 years. His services were terminated on
2 February 2002. The applicant was not paid any terminal
dues in the
form of salary in lieu of notice or severance allowance. The
respondent was not available to challenge this claim.
In the absence
of any contradictory evidence, the court finds that the applicant was
not paid terminal benefits and that therefore
the following are due:




Notice
Pay:
The applicant must receive one-month salary in lieu of
notice. His last salary was K3800 per month.



Severance
Pay:
The applicant is entitled to severance pay for 12 years
as claimed. According the applicant this award is MK45600.



The total
award to be paid to the applicant by the respondent is: K49
400-00.
This money must be paid to the applicant through the
court within 14 days of this order.






Made in
Chambers
this 18th day of November 2005 at BLANTYRE.






R.
Zibelu Banda (Ms.)


CHAIRPERSON.