Nyasulu v Chibuka Products (IRC 426 of 2005 ) (426 of 2005) [2006] MWIRC 41 (11 April 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 426 OF 2005


BETWEEN:


NYASULU ………………….. ….. ……………………………………………….. APPLICANT


-and-

CHIBUKU PRODUCTS ………………………. ………………………………RESPONDENT


CORAM: R.ZIBELU BANDA (MS) – CHAIRPERSON

Applicant – Present
Respondent – Absent no Excuse
Ngalauka – Official Interpreter
R. Chirwa – Personnel Officer for respondent reported late for hearing



ORDER


Upon hearing the applicant and the respondent, the court finds that:


  • The 115 days leave claim has not been supported by any evidence and it is dismissed.


  • The contract agreement claim for K261 936-00 has no merit, it is dismissed.


  • The 282 off duty hours have not been proved to the requisite standard, the court needs proof from the authorizing officer to show that Applicant had earned the off duty hours. In that regard the respondent is to bring two officers, namely, Likatu and Lipenga to show whether the money claimed was earned.


  • The retirement claim has been withdrawn by the applicant and it is struck off.


The other claims like basic salary for September 2005 to March 2006 must be pleaded, so too the claim for house rent. A court clerk can help with the amendment Form. Unfortunately costs are not awarded in this court therefore the claim for a transport cost to court is dismissed.


Pronounced in Open Court this 11th day of April 2006 at Blantyre.



Rachel Zibelu Banda

CHAIRPERSON.