INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 100 OF 2006
RAIPLY MALAWI LTD
- CORAM: R. Zibelu
Banda (Ms); Chairperson
- CORAM: R. Zibelu
Banda; of Counsel for
the Respondent Applicant; Present
benefits-Severance allowance-Notice pay-Pension
for interpretation and clarification for purposes of quantifying
officer-No jurisdiction to make orders-Jurisdiction of Labour
Officer limited to conciliation and mediation-Order
Officer invalid for lack of jurisdiction
applicant was successful in his action for unfair dismissal against
the respondent. An order was made on 10 December 2006 by
Mrs. K Nthara to the effect that the applicant must be paid benefits
in form of severance allowance, notice pay and
pension. The court
also made some factual findings relating to unreasonable extension of
suspension period. The period that was
alluded to as being
unreasonable did not appear in the courts judgment for purposes of
calculating benefits due under that finding.
applicant took his matter to Labour Office allegedly for advice on
calculating his dues. The labour office came up with some
sum which somehow ended up with the sheriffs for execution. The
respondent applied for a stay of the execution of this
was called today to determine the document from the labour office and
stay its execution. The matter also proceeded to
calculation of the
entitlements due to the applicant as per the courts order of 10
December 2006. Parties were able to agree
on the severance allowance,
notice pay, leave grant and wages for days worked before suspension.
This amount was paid by the respondent.
parties could not agree on the construction of the courts order in
relation to unreasonable suspension. This court therefore
the question of the unreasonable suspension period to Her Honour Mrs.
K Nthara to clarify. She is obliged to make a finding
necessary order with verifiable period for purposes of calculations.
document prepared by labour office and acted upon as an order by the
applicant is invalid. The labour office has no jurisdiction
any orders under the labour laws unless the order was by consent of
parties and signified as such by the signatures of
both parties and
that of the Labour Officer. This order for MK 77 112-00 is therefore
set aside. It is bad as it was made without
The parties agreed on the
entitlements of the applicant as per court order. The remaining part
concerning unreasonable period of
suspension which is vague shall
revert back to the Judicial Officer who made it for a finding and
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this judgment.
this 23rd day of July 2007 at BLANTYRE.