INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 59 OF 2007
ILLOVO SUGAR MALAWI LTD.
Zibelu Banda (Ms); Chairperson
of Counsel for the Respondent
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
from when severance allowance falls due and is not paid.
action is caught by the limitation period. It is statute barred. It
is accordingly dismissed.
applicant may try to lodge this claim with the Office of the
Ombudsman, which office is mandated to investigate issues of
that may not be entertained in a court of law such
as this case.
this 31st day of January 2007 at MZUZU.