Liwakhwa v H&P Steel and Wire Ltd (RC 454 of 20022 ) (454 of 20022) [2006] MWIRC 93 (20 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 454 OF 2002


BETWEEN


LIWAKHWA……………………………………………… ……………...APPLICANT


-and-

H &P STEEL AND WIRE LIMITED…..……………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Phiri for the Respondent
Applicant; present
Ngalauka; Official Interpreter


ORDER

Terminal benefits-Severance allowance-Payment of-Burden of proof-Applicant to prove that he was entitled.


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant was not entitled to severance allowance as his salary at termination was more than MK2 000-00 per annum therefore not eligible for severance allowance under the prevailing laws at the time of termination in June 1999. Therefore the applicant’s claim is dismissed for lack of merit.



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

Pronounced this 20th day of July 2006 at BLANTYRE.




Rachel Zibelu Banda

CHAIRPERSON.