Phiri v Banda (irc 130 OF 2006 ) (NULL) [2007] MWIRC 49 (24 July 2007);

Share
Download: 

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 130 OF 2006


BETWEEN

PHIRI……………….………..….………………………………………… APPLICANT

AND

BANDA…………………………..……….………….…………………..RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson

Applicant; present

Respondent; Present

Bondo; Official Interpreter


ORDER

  1. Employment-Contract of employment-Terms and Conditions-Parties to carry out contractual obligations

  2. Remuneration-Integral term of contract of employment-Must be paid when due

  3. On termination or completion of contract wages and remuneration due to be paid within seven days of the termination or completion-Section 53(1) Employment Act


The Law

This was a contract to perform work for the respondent. In consideration the employer was to pay the applicant remuneration. Months went by and the respondent did not pay the applicant her dues amounting to MK 14 300-00. She brought this action to compel the respondent to pay. According to section 53(1) of the Employment Act, an employer is under legal obligation to pay wages to its employee within seven days of termination or completion of contract.


Order

The court orders the respondent to pay the applicant MK14 300-00. This order is with effect within14 days of this date. The effective period has been so extended taking into consideration the respondent’s plea to have more time to source the money.


Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this date. Appeal lies only on matters of law or jurisdiction; section 65 (2) Labour Relations Act 1996.


Made this 24th day of July 2007 at MZUZU.



Rachel Zibelu Banda

CHAIRPERSON.