Court name
Industrial Relations Court
Case number
IRC Matter 17 of 2006

Nyirenda & Ors. v Kaziwi Ziwi Mingin Company LTD (IRC Matter 17 of 2006) [2006] MWIRC 111 (14 December 2006);

Law report citations
Media neutral citation
[2006] MWIRC 111

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




MZUZU
REGISTRY




MATTER
NO. IRC 17 OF 2006




BETWEEN


NYIRENDA AND OTHERS
……………................................................APPLICANTS


-and-


KAZIWI ZIWI MINING COMPANY LTD..…………………………RESPONDENT





CORAM: R. Zibelu
Banda (Ms); Chairperson

Applicants;
present



  1. M Msiska

  2. F Msiska

  3. A Mkandizi

  4. A Nyirenda


Respondent; V C
Nyirenda, Mine Manager

Namponya; Official
Interpreter




ORDER


Upon
hearing the applicants and upon hearing the responses from the
respondent the court finds that the applicants were entitled
to
equivalent of one month salary each as notice pay. The amount to be
awarded is MK 8 500-00 to be shared by all four applicants
as
determined by this court. This is in accordance with Employment Act.
The applicants are not entitled to repatriation costs as
they
communicated from their respective villages to work. This claim
fails. The applicants were paid severance allowance except
for A
Nyirenda who was underpaid by MK 6 000-00. The court orders that A
Nyirenda should be paid the balance of MK 6 000-00 in
severance
allowance. Total claim that succeeds is MK 14 500-00. The rest of the
claims fail as they have no legal basis.


Order


The respondent is ordered
to pay the applicants MK14 500-00 being a sum representing balance in
notice pay and balance in severance
pay in respect of A Nyirenda.
This order is effective 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: See section 65 (2) of the Labour
Relations Act 1996.




Pronounced
in Open Court
this 15th day of December 2006 at
MZUZU.






Rachel
Zibelu Banda


CHAIRPERSON