Tembo v Deuka (IRC 42 of 2006 ) (42 of 2006) [2006] MWIRC 149 (14 December 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 42 OF 2006


BETWEEN

TEMBO…...……….………… ……………................................................APPLICANT

-and-

DEUKA……………………………....…...…...…………………………RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson
Applicant; present
Respondent; Absent no excuse
Msiska Ms; Official Interpreter

ORDER

Upon hearing the applicant and in the absence of the respondent to provide any contrary evidence or contradict the applicant; the court finds that the applicant as a teacher teaching at the respondent’s school was entitled to leave pay, wages for days worked in November 2005, notice pay for termination in accordance with Employment Act and repatriation to his home after termination according to the Supreme Court decision in Kankhwangwa and others V Liquidator Import and Export (Mw) Ltd [MSCA Civil Appeal 4/2003 (unreported)]. Total claim is MK 13 000-00 as pleaded in the examination in chief. The claim for severance allowance fails because the applicant did not a complete a year of service as required by the First Schedule to section 35 of the Employment Act.

The respondent was not available to contradict the applicant. The respondent was properly served with a notice of hearing but they decided to stay away. The matter had been concluded in accordance with provisions of section 74 of the Labour Relations Act.


Order

The respondent is ordered to pay the applicant MK13 000-00 being a sum representing withheld wages, notice pay, repatriation costs and leave pay. This order is effect 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 14th day of December 2006 at MZUZU.



Rachel Zibelu Banda

CHAIRPERSON