Bangula v Securicor Malawi Ltd (IRC 429 of 2002 ) (429 of 2002) [2005] MWIRC 82 (20 December 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 429 OF 2002


BETWEEN


BANGULA..……………………………………………… ……………...APPLICANT


-and-


SECURICOR MALAWI LTD….……………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Chimbenje for Respondent
Applicant; present
Nyabanga; Official Interpreter


ORDER

Terminal benefits-Severance allowance-Payment of-Burden of proof-Applicant to prove that he did not receive-Proof on a balance of probabilities.


Upon hearing the applicant and the respondent the court finds that the applicant worked for the respondent from 5 August 1992 to 8 November 2001. At the time for termination, the respondent did not pay the applicant his severance allowance for the years worked. No reason was given for the failure to pay the applicant his severance allowance.


It is found that the applicant has proved his case that he did not receive severance allowance at the time of termination of his employment. It is therefore ordered that severance allowance be paid for the period from 5 August 1992 to 8 November 2001 (nine years). The severance allowance must be paid within seven days of this order into court at the Industrial Relations Court.


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 20th day of December 2005 at BLANTYRE.




R Zibelu Banda (Ms.)

CHAIRPERSON.