Kasuza v Limbe Country Club (IRC 17 of 20033 ) (17 of 20033) [2005] MWIRC 88 (21 April 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 177 OF 2003


BETWEEN


KASUZA…..……………………………………………… ……………...APPLICANT


-and-


LIMBE COUNTRY CLUB……...……………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Respondent- Absent no excuse
Applicant; present
Chinkudzu; Official Interpreter

ORDER

Normal working hours-Over time-Wages-Burden of proof-Applicant to prove that he worked over time but did not receive wages.


Upon hearing the applicant and there being on contrary evidence from the respondent the court finds that the applicant earned over time for working over the normal working hours and he also earned over time for working during public holidays.


The applicant is entitled to and must be paid by the respondent the following amounts:


  • For working over time over the normal working hours between December 2002 to June 2003 (728 hours)…………………………………………………………… K12601.68

  • For working during public holidays between December 2002 to June 2003

(84 hours)………………………………………………………….K15509.76

The total award is K28101.44 to be paid into court by the respondent within 7 days of this date.


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 21st day of April 2005 at LIMBE.


R Zibelu Banda (Ms.)

CHAIRPERSON.