Mkanda v Kamponji Estate (IRC 79 of 2004 ) (79 of 2004) [2006] MWIRC 27 (16 March 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 79/04


BETWEEN




MKANDA ………………………………………………………………… APPLICANT

  • and –


KAMPONJI ESTATE LTD …. ……………………………………… RESPONDENT

RECORD


CORAM: R. ZIBELU BANDA (Ms); CHAIRPERSON
Nkhoma; of Counsel for counsel for Applicant
Nkuna; of Counsel for the Respondent
Chinkudzu; Official Interpreter


APP: Takes oath and states: I was offered employed by the respondent and I was requested to report for work on 10th November 2003. I reported for work on 10th November 2003 to start work. I was first seen by Managing Director who accused me that I was not interested in the work and that I would not start work because I had earlier asked for an extension of the reporting period for work as I had to do proper handovers at the office I was working. Later I was seen by the Administration Manager who asked some personal to show me around in order for me to start work. Later in the day I was informed by the Administration Manager that I was not required anymore as I had not shown seriousness to work. I however pleaded with him since by then I had already resigned from my former employer and I had since moved from Mulanje to Blantyre in order to work for the respondent.


Relief : I am seeking the remedy of compensation because I resigned from my former employer and was left jobless.


XXN: I was going to move from Mulanje to Blantyre to follow my husband – but I had to move quickly because of the job I was offered. I am employed now - I am at Mount Soche. I joined Mwenelupembe and Company in Jan 2004. I since moved to Mount Soche where I am now.


My salary at Mwenelupembe was K9000.00, housing allowance zero, I was entitled to free medicals. The offer letter at Kamponji (respondent) Estate was K26,200.00. I left Mwenelupembe in August, 2004. I left because I was joining Mount Soche. At the time I was leaving Mwenelupembe my last salary was still K9000.00


At Mount Soche I was offered K20,000.00 then I got an increment to K25,000.00 then in November 2004 my salary was increased to K30,000.00


I am not sure about the net at the respondent since I never got my salary.


At Mount Soche I get housing allowance of K13,400.00, 20 litres fuel per week and service charge ranging from K3,500.00 to K3,900 per month. We are entitled to utilities for example phone, K1000, water K900.00, electricity K1500 – K1000.00 additional utility. Since January this year the utilities have been increased at Mount Soche.


Nkuna:I would like to consult my client on possibly of settling this matter out of court.


Court: matter is adjourned sine die for settling – if settlement fails the applicant is at liberty to come back to court for continuation of the case.


R.S.Z. Banda

CHAIRPERSON


16/05/05


CORAM: R.Z IBELU BANDA – CHAIRPERSON

Nkhoma of counsel for the applicant

Nkuna of counsel for the respondent

Chinkudzu – Official Interepreter




Nkuna: We last adjourned hoping to settle the matter out of court. That did not materialize. The respondent will proceed to give evidence.


RP: Takes oath and states: I am George Tseligas, resident in Limbe, I am a farmer. I am Managing Director for the respondent estate. I know the applicant. She was interviewed to become Receptionist/Secretary at our Head Office. The interviews were held towards 2003 October. We urgently required a secretary. The applicant qualified – one of the conditions was that they should come on 1/11/03 to report. Everybody in the interview was told that. I told the applicant in person after the interview about starting on 1/11/03. She said she could not start on 1/11/03. She explained her problem and asked that she start on 17/11/03 – I compromised and asked her to start on 10/11/03. She agreed to start work on 10 November 2003.


We wrote her a letter on 29/10/03 for her to start on 10/11/03. During the week the applicant phoned and said she would report on 17/11/03 – I asked why - I was told it was an extension of honey moon. I told my administrator that this was unacceptable.


On 10/11/03 the applicant reported to work late. I told her it was unfair for her to have the job because she wanted to extend her honeymoon and then she came late. I had withdrawn her offer of employment. She never spoke to me personally on the phone. On 10/11/03 she told me that she decided at last minute to come to work on 10/11/03 but she came late.

Looks at document – letter of appointment

She was to take up employment on 10/11/03


Court: RP 1

XXN: The applicant lacked the enthusiasm after she did not take up the appointment immediately – and she was late reporting for her job.


Looks at document RP 1

The applicant did not report for work on 10/11/03. We verbally talked in the interview on the time for reporting work. It is obvious for people to start work at 7:30 – it is in our conditions of service. The applicant did not take up her job. The applicant did not accept employment.


Mr Tselebo is Administration Manager - In this particular case I did the interviews myself. The applicant asked to start employment on 17/11/03. The applicant came on 10/11/03 at 10 am. It is not true that the applicant was shown around on this day. She told me about her honeymoon. The applicant did not accept the offer of employment.

I told the applicant it was unacceptable for her to report 3 hours late for work on 1st day.

I gave instructions to my Administrator to inform me when applicant arrived, this was around 9:00 am when I gave the instructions.


Re-exam: The applicant was told the time for reporting for work

Nkhoma: Nothing to add

Nkuna: Nothing to add

Court: Judgment in 21 days time




Rachel Zibelu Banda

CHAIRPERSON

16/03/06



CERTIFIED AS A TRUE COPY OF THE ORIGINAL RECORD