Ndema v Leyland DAF Ltd (IRC 152 of 0066 ) (152 of 0066) [2006] MWIRC 87 (04 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 152 OF 2006


BETWEEN


NDEMA…………………………….……………………… ……………...APPLICANT


-and-


LEYLAND DAF LTD…………….…………………... ……………..RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson
Chirwa; of Counsel for the Respondent
Applicant; present
Ngalauka; Official Interpreter

RULING

Transport claims-Repatriation-Expenses for repatriation-Proof-Liquidated claims must be supported by evidence- Motor vehicle use as term of contract-Proof required of the term-Damages for ill treatment- Proof of ill treatment-Loss to be proved-House use during notice period.


Background

The matter came to court for pre-hearing conference. After listening to the preliminary enquiries, the Court was of the view that the claims were based on construction of the legal instruments including the contract of employment and the relevant statute law. The Court therefore ordered that the matter proceed to trial before the Chairperson sitting alone in chambers. The parties did not raise any objections to this order and the matter proceeded to trial, both parties having indicated that they were ready to proceed.


The matter was adjourned only for a written Order. The Applicant brought an action against the respondent claiming the following: MK 60 000-00 as reimbursement for repatriation costs from Lilongwe to Blantyre after termination of his contract. The matter was disposed of summarily as the applicant had no proof to support his claim. The applicant claimed MK 170 000 as reimbursement to replace his damaged furniture during transportation from Lilongwe to Blantyre. The issue was summarily disposed of as the applicant could not adduce evidence to support his claim. The applicant claimed MK 8 000-00 as transport reimbursement from Lilongwe to Blantyre. The claim lacked evidence and it was dismissed summarily. The applicant further claimed MK 2 000-00 as transport reimbursement. There were no receipts to support this claim, it was summarily dismissed. The applicant claimed MK 24 000-00 as reimbursement for rentals paid in Lilongwe. This claim was dismissed as the applicant had no supporting evidence to show that he paid the rent. The claim was dismissed. The applicant further claimed MK 90 000-00 motor vehicle allowance although he was not able to show that he was entitled to use of official motor vehicle under his contract of employment. The claim was dismissed. The applicant claimed for compensation for psychological torture due to ill treatment under the hands of the respondent. The claim was frivolous, vexatious and an abuse of the court process, it was summarily dismissed. The applicant also claimed house allowance for the period that he was serving notice. The Court allowed this application. The applicant was entitled to use of house during the notice period, this is trite law of contract of employment. The Court heard that the applicant’s last residence cost MK 6500-00 per month as rent. The respondent was ordered to pay the applicant the equivalent of three months rentals at a rate of MK 6 500-00 per month. The applicant further claimed that he was not repatriated to Blantyre from Lilongwe and he demanded that he should be paid an amount of money in lieu thereof. It was however heard that the applicant had waived his right to repatriation by informing the respondent that he was not ready and that he needed cash and not a vehicle to transport his personal effects. The applicant having indicated that he was not ready to be repatriated and that he needed cash which was not part of the bargain instead of transportation of his personal effects, he could not be allowed to come to Court and lodge a claim in respect of the same. This claim was dismissed.


Finding
The respondent to pay the applicant the equivalent of three months house rent at a rate of MK 6 500-00 per month. All other claims dismissed.

Appeal
Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this ruling.


Made this 4th day of July 2007 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.