Court name
Industrial Relations Court
Case number
IRC Matter 25 of 2005

SALIMU V Bestobell (MW) Ltd (IRC Matter 25 of 2005) [2006] MWIRC 58 (11 May 2006);

Law report citations
Media neutral citation
[2006] MWIRC 58

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




PRINCIPAL
REGISTRY




MATTER
NO. IRC 25 OF 2005




BETWEEN




SALIMU….………………….….…………………………………………
APPLICANT




AND




BESTOBELL (MW)
LIMITED..…….…………….…………………..RESPONDENT






CORAM: R.
Zibelu Banda (Ms); Chairperson


Tembenu; of
Counsel for Applicant


Chirwa; of Counsel for
the Respondent


Chinkudzu; Official
Interpreter








RULING


Employment-Contract
of employment-Terms-Parties to carry out contractual obligations.




It is
trite law that parties to a contract are bound by the express or
implied terms of the contract unless it can be shown otherwise.
In
this case the applicant agreed with the respondent that the applicant
would leave employment upon payment by the respondent
to the
applicant of an agreed sum of money as terminal benefits. The
respondent paid but only part of the agreed amount and refused
to pay
the remaining amounts claiming that the claim had no basis.




The
applicant was able to show a document referred to as terminal
benefits agreement between the applicant and the respondent duly

signed by both parties. The respondent tried to put a different
meaning to the document and tried to disown some actions on the

excuse that they were performed under the influence of drugs. The
applicant was not aware of the respondent’s condition at the
time
of taking action in relation to the agreement. The court was not
moved with such an excuse as there was no medical evidence
to support
the assertion more so that the respondent seemed throughout the
conduct of the case that he was only interested in abrogating
his
obligations under the agreement.




It is
found that the respondent owes the applicant balance of terminal
benefits as stipulated in the agreement exhibited in this
court as
SBT1 less any payments already made and other lawful deductions.



The court
orders the respondent to pay the terminal benefits contained in SBT1
as read in its ordinary meaning. The order is with
immediate effect.




Any party
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this date. Appeal lies only on
matters of law or
jurisdiction; section 65 (2) Labour Relations Act 1996.




Pronounced
in Open Court
this 12th day of May 2006 at BLANTYRE.






Rachel
Zibelu Banda

CHAIPERSON.