Ngabu v Escom (IRC 52 of 20044 ) (52 of 20044) [2006] MWIRC 94 (20 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 252 OF 2002


BETWEEN


NGABU……..……………………………………………… ……………...APPLICANT


-and-


ESCOM………………………….……………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Sitolo; Of Counsel 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-Pension-Applicant to prove that he did not receive-Proof on a balance of probabilities.


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant was indeed entitled to pension which was calculated at MK16 988-23. This amount was set off against the applicant’s indebtedness with the respondent.


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 March 2000. Therefore the applicant’s claims are 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.