Amoni v Malawi Housing Corporation (RC 311 of 20022 ) (311 of 20022) [2006] MWIRC 86 (04 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 311 OF 2002


BETWEEN


AMONI………………..…………………………………… ……………...APPLICANT


-and-

MALAWI HOUSING CORPORATION...……………..……………..RESPONDENT


CORAM: R. Zibelu Banda, Chairperson
Kazembe; of Counsel for the Respondent
Applicant; present
Gowa; Official Interpreter

JUDGMENT

Dismissal- Justification-Reason-Fixed contract-Contract expiring at end of project-Severance allowance-Whether payable in fixed contracts.


Upon hearing the applicant and upon hearing the respondent; the court finds that the applicant was employed on fixed contracts to perform specific tasks. The applicant’s last contract was terminated at the end of a specific project. The applicant was engaged in several fixed contracts all terminating at the end of the set project. These contracts did not amount to continous employment because the applicant was never employed for unspecified period of time nor could he be said to have been laid off at the end of each contract. The contracts terminated at the end of each project and there was no continous employment in the manner envisaged by section 41(3)(d) of the Employment Act.


This case is therefore dismissed in its entirety as the applicant was not employed for unspecified period of time in which case his termination was valid in accordance with the termination of fixed contracts. The applicant is not entitled to severance allowance according to section 35(4)(b) of the Employment Act.


Any party aggrieved by this decision has the right of appeal to the High Court within 30 days of this decision. Appeal lies only on matters of law and jurisdiction and not facts: Section 65 (2) of the Labour Relations Act.


Pronounced this 4th day of July 2006 at BLANTYRE.



Rachel Zibelu Banda.

CHAIRPERSON.