Nyirenda and Others v Kaziwi Ziwi Mingin Company LTD (IRC 17 of 2006) (17 of 2006) [2006] MWIRC 151 (15 December 2006);

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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