Phiri v UNITRANS Malawi Ltd (IRC 249of 20066 ) (NULL) [2006] MWIRC 85 (03 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 249 OF 2006


BETWEEN


PHIRI……………………………….……………………… ……………...APPLICANT


-and-


UNITRANS MALAWI LIMITED……………………... ……………..RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson
Applicant; present
Masasa; Human Resources Officer, representing the Respondent
Nyabanga; Official Interpreter

ORDER

Gratuity-claim for gratuity-Proof of entitlement-Repatriation- who should be repatriated?.


The matter was adjourned only for a written Order. The Court heard that the applicant entered into a contract of employment with the respondent. The contract provided for payment of gratuity upon successful completion of the contract. Before the expiry of the contract, the applicant was charged with the misconduct of absenteeism. He was absent from work without any valid excuse and without permission. He was invited to a disciplinary hearing where it was found that his contract should be terminated and it was terminated. He took up this action against the respondent claiming gratuity. The respondent’s response was that gratuity under the contract was only payable upon successful completion of the contract and that the applicant did not satisfy this condition. The Court accepted this defence and dismissed that applicant’s claim for gratuity.

The applicant further claimed that he should be repatriated to his home in Mulanje. However the respondent argued that the applicant was employed from his place of residence in Nchalo and was never posted away. The applicant was employed from Nchalo and worked in Nchalo and therefore he was not entitled to repatriation as his place of employment was where he lived before employment. The claim for repatriation was therefore dismissed.


Made this 3rd day of July 2007 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.