Ruzunga v Bedir High School (IRC 25 of 2007) (25 of 2007) [2007] MWIRC 31 (08 May 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 25 OF 2007


BETWEEN


RUZUNGA………………………………………………… ……………...APPLICANT


-and-


BEDIR HIGH SCHOOL………...……………………... ……………..RESPONDENT


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

ORDER

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


The matter was adjourned only for a written Order. 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, including salary for October, leave pay and bonus. The Court however heard and documentary evidence was adduced to show that the applicant received all his benefits at the time of his resignation. These documents which were duly signed by the applicant showed that the applicant took all his leave days and that there were no outstanding leave days at the time of termination. The documents also showed that the applicant resigned and that instead of serving the required notice he opted to sell his leave days in lieu of serving notice. It was also proved that bonus was earned upon satisfactory results in MSCE. In this case the applicant’s subjects were not outstanding and did not qualify for bonus. All in all the applicant’s claims were without merit in law. 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.