Benito v Concern Universal (IRC 82 of 2005 ) (82 of 2005) [2005] MWIRC 77 (05 December 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 82 OF 2005


BETWEEN


BENITO…..……………………………………………… ……………...APPLICANT


-and-


CONCERN UNIVERSAL……………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Chikwama for Respondent; Human Resources Officer
Applicant; present
Chinkudzu; Official Interpreter


ORDER

Terminal benefits-Severance allowance-Notice pay-Leave grant-Overtime-Repatriation-Payment of-Burden of proof-Applicant to prove that he did not receive-Employer to show that he paid.


Upon hearing the applicant and the respondent the court finds that the applicant failed to show on a balance of probabilities that he did not receive his long service pay (severance allowance), notice pay and leave grant. The respondent on the other hand proved through a signed receipt that the applicant received all his benefits after termination of his contract of employment. The court finds that these were frivolous and vexatious claims and an abuse of court process therefore they are dismissed.


The court finds that the applicant was not repatriated. This claim succeeds. It is therefore ordered that the applicant be repatriated back home to Thyolo within 14 days of this order.


Any party aggrieved by this decision has the right of appeal to the High Court within 30 days of this decision. Appeal lies only on matters of law and jurisdiction and not facts: Section 65 (2) of the Labour Relations Act.

Pronounced in Open Court this 5th day of December 2005 at LIMBE.




R Zibelu Banda (Ms.)

CHAIRPERSON.