Gondwe v Postmaster General (Order) (IRC 14 of 2004 ) (14 of 2004) [2007] MWIRC 13 (31 January 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 14 OF 2004


BETWEEN


GONDWE………………..……………………………………………….. APPLICANT


-and-


POSTMASTER GENERAL….. ……………………………………… RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson
A Nyirenda (Ms.); Asistant Registrar (Mzuzu High Court) Applicant; Present
Mwenemuluku; Regional Manager
Namponya; Official Interpreter

ORDER

Terminal benefits-Severance allowance-Leave grant-Notice pay-Overtime.

The applicant claimed terminal benefits in the form of severance allowance. He said he was employed in 1995 and that at the time of termination in October 2000, he was receiving MK 8 000-00 per month. The respondent’s witness could not say whether this money was paid or not. He could not even tell how much the applicant was receiving as salary at the time of termination. The court orders that the applicant be paid severance allowance for the five years that he worked for the respondent, representing 2 weeks wages for each year of service at a salary of MK 8 000-00 per month. The applicant claimed leave grant which he said he never got. The court orders that MK 1000-00 leave grant be paid to the applicant as claimed. This order is with immediate effect. He did not pursue the other claims.


The court would like to condemn the respondent’s representative who seemed to know nothing about the case. He was unprepared and useless as a witness. In future the respondent should try to prepare for their cases to avoid embarrassment.


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

Pronounced this 31st day of January 2007 at BLANTYRE.


Rachel Zibelu Banda

CHAIRPERSON.