IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 211 OF 2004
ESCOM ... ... ..RESPONDENT
- CORAM: R. Zibelu Banda, Chairperson
- Sitolo; of Counsel for the Respondent
- Applicant; present
- Ngalauka; Official Interpreter
Severance allowance-When payable-Termination-Unfair termination-Section 35 Employment Act.
Upon hearing the applicant the court finds that the applicant had his services terminated without fair procedure. The respondent was given two opportunities to appear in court to defend themselves but they did not avail themselves and no excuse was given to court for failure by respondent to attend to court. The court heard that the applicant was answering to criminal charges but when he was acquitted the respondent dismissed him without a hearing. The applicants termination was unfair and therefore he is entitled to severance allowance under section 35 of the Employment Act. The severance allowance due is for eight years from January 1996 to January 2004 the applicants period of employment with the respondent at a salary of MK2 500-00 per month.
The court orders the respondent to pay the applicant eight years severance allowance within seven days of this order. A party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this order.
Pronounced this 2nd day of October 2006 at BLANTYRE.
Rachel Zibelu Banda