SALIMU V Bestobell (MW) Ltd (IRC 25 f 2005 ) (NULL) [2006] MWIRC 58 (12 May 2006);

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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.