INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 138 OF 2006
KAMKWAMBA AND ANOTHER
MALAWI DISTILLERIES LTD..
- CORAM: R. Zibelu
Banda (Ms); Chairperson
action for want of merit-Frivolous and vexatious action.
was adjourned only for a written Order. Only the first applicant
turned up for trial. Upon hearing the respondent and
upon hearing the
applicant the court was convinced that the matter lacked merit in
law. The applicant claimed balance of terminal
allowance and some outstanding salary. The Court however heard and
documentary evidence was adduced to show
that the applicant received
all his benefits upon retirement in December 2005. The applicant was
not entitled to severance allowance
for the month to month contract
signed in 2005 as the applicant did not clock a year under that
contract. The outstanding benefits
and salary were not proved. In
fact it was shown that any deductions on the applicants benefits
were lawful under the contract
made after a disciplinary enquiry
prior to the termination.
allowance is calculated and payable after completion of at least a
year, according to the First Schedule to section 35
of the Employment
Act 2000. Further all liquidated claims must be proved by the one who
alleges. The applicant could not prove
his claims. The respondent did
not violate any labour laws. Therefore the action was summarily
dismissed in its entirety.
this 8th day of May 2007 at BLANTYRE.