Mpulula v Escom (IRC 211 of 2004 ) (211 of 2004) [2006] MWIRC 119 (02 October 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 211 OF 2004


BETWEEN


MPULULA.……………………………………………… ……………...APPLICANT


-and-


ESCOM…………………...……………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Sitolo; of Counsel for the Respondent
Applicant; present
Ngalauka; Official Interpreter


ORDER

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 applicant’s 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 applicant’s 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

CHAIRPERSON.