Gomiwa and Another v Malawi Revenue Authority (IRC 329 of 2005 ) (329 of 2005) [2006] MWIRC 124 (04 October 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 329 OF 2005


BETWEEN

GOMIWA AND ANOTHER.….………………………………………… APPLICANT


AND


MALAWI REVENNUE AUTHORITY………….…………………..RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson

Chamkakala; of Counsel for the Respondent

Kalua; of Counsel for the Applicants

Ngalauka; Official Interpreter


RULING

Employment-Contract of employment-Terms and Conditions-Parties to carry out contractual obligations


It is trite law that parties to a contract are bound by the express or implied terms of the contract unless it can be shown otherwise, see Salimu V Bestobell (Mw) Ltd [Matter Number IRC 25/2005 (unreported)]. In this case the applicants agreed with the respondent that they would undergo training as a precondition to their employment or confirmation in appointment. The applicants accepted the offer. The applicants failed to attain the pass mark in their examinations. The respondent basing on the terms and conditions of employment terminated the contract.

The record shows the results of the applicants and also the terms and conditions pertaining to training. It is clear that the applicants failed their test and therefore they could not be confirmed in the appointment which the record shows was effected before the results were released. The court finds no breach of contract on the part of the respondent. They carried out their obligations under the contract. The applicants were treated fairly, especially considering they were given a chance to do better in a supplementary examination.


This action is therefore without any merit at law and it is dismissed in its entirety. Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this date. Appeal lies only on matters of law or jurisdiction; section 65 (2) Labour Relations Act 1996.


Pronounced this 4th day of October 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIPERSON.