Mangulama v Raiply (MW) Ltd (IRC 25 of 20033) (25 of 20033) [2006] MWIRC 19 (08 March 2006);

Share
Download: 

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 254 OF 2003


BETWEEN:


MANGULAMA…...………………………………………………………………. APPLICANT


-and-

RAIPLY (MW) LIMITED……………………….………………………...……RESPONDENT


Coram: R Zibelu Banda; Chairperson

Ngwalo; Personnel and Administartion Manager for respondent

Applicant; Present

Chinkudzu; Official Interpreter


ORDER IN ASSESSMENT OF COMPENSATION



Upon hearing the applicant and upon hearing the respondent, the court finds that: The applicant was underpaid from August 2002 to December 2002 as no explanation has been given by the respondent why the applicant’s salary was reduced without her consent or consultation. No valid explanation was given by the respondent why the salary had to be reduced. No records were shown to show the salary schedule for employees of the applicant’s caliber. It is therefore ordered that the respondent pay the applicant the withheld salary from August 2002 to December 2002 at K900.00 per month being the difference between MK2 700-00 and MK1 800-00. Total MK3 600-00.


The applicant is also entitled to notice pay at MK 2 700-00 for December 2002.

The applicant is warded compensation for the unfair dismissal for January 2003 and February 2003 at MK 2 700-00 per month; when she secured a better paying alternative employment where she is receiving MK 4 500-00 per month. Total MK 5 400-00.


The applicant is awarded a total of MK 11 700-00. The amount to be paid into court within seven days of this order.


Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this date in accordance with section 65 (2) of the Labour Relations Act 1996.



Pronounced in Open Court this 8th day of March 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.