Kamkwamba and Another v Malawi Distilleries Ltd (IRC 138 of 2006) (138 of 2006) [2007] MWIRC 29 (08 May 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 138 OF 2006


BETWEEN


KAMKWAMBA AND ANOTHER……………………… ……………...APPLICANT


-and-


MALAWI DISTILLERIES LTD..……………………... ……………..RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson
Applicant; present
Kalichero; representing the Respondent
Ngalauka; Official Interpreter

ORDER

Dismissing action for want of merit-Frivolous and vexatious action.


The matter 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 benefits, severance 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 applicant’s benefits were lawful under the contract made after a disciplinary enquiry prior to the termination.


Severance 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.


Made this 8th day of May 2007 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.