Thindwa v Illovo Sugar Corp (IRC 59 of 2006) (59 of 2006) [2007] MWIRC 17 (31 January 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 59 OF 2007


BETWEEN:


THINDWA…..……………………………………………………………. APPLICANT


-and-

ILLOVO SUGAR MALAWI LTD.…….………………………...……RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson

Applicant; present

Tembo; of Counsel for the Respondent

Bondo; Interpreter


RULING


Upon hearing the applicant and upon hearing Counsel for the Respondent; the court finds that the cause of action arose in 2004. The applicant did not take up action until 24 July 2007 after expiry of three years. A claim of severance allowance must according to section 35(8) of the Employment Act be instituted within 90 days from when severance allowance falls due and is not paid.


This action is caught by the limitation period. It is statute barred. It is accordingly dismissed.


The applicant may try to lodge this claim with the Office of the Ombudsman, which office is mandated to investigate issues of maladministration that may not be entertained in a court of law such as this case.




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



Rachel Zibelu Banda

CHAIRPERSON.