Mkandawira v Small Holders Coffee Farmers Trust (IRC 56 of 2007 ) (56 of 2007) [2007] MWIRC 16 (31 January 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 56 OF 2007


BETWEEN:


MKANDAWIRE…………………………………………………………. APPLICANT


-and-

SMALLHOLDER COFFEE FARMERS TRUST……………...……RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson

Applicant; present

Munthali; for the Respondent

Ngalauka; Official Interpreter


RULING


Upon hearing the applicant; the court finds that the cause of action involves occupational injuries. The applicant claims that he was injured in a road accident in the course of work. He is seeking compensation under the Workers Compensation Act.


This action is brought to the wrong forum. The Industrial Relations Court has no jurisdiction under the Workers Compensation Act to entertain such cases. This action falls within the jurisdiction of the Chief Resident Magistrate.


The applicant may try to lodge this claim with the Chief Resident Magistrate Court, which Court is mandated to hear such cases on appeal from the order of the Workers Compensation Commissioner




MADE IN this 31st day of January 2007 at MZUZU.



Rachel Zibelu Banda

CHAIRPERSON.