Court name
Industrial Relations Court
Case number
IRC Matter 52 of 2004

Ngabu v Escom (IRC Matter 52 of 2004) [2006] MWIRC 94 (19 July 2006);

Law report citations
Media neutral citation
[2006] MWIRC 94

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.