Gustino v Auction Holdings Ltd (IR 206 of 20044 ) (206 of 20044) [2007] MWIRC 50 (07 August 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. 206 OF 2004


BETWEEN



GUSTINO ………………………………………………………………. APPLICANT

-and-


AUCTION HOLDINGS LTD ……………………………………… RESPONDENT


CORAM: R. Zibelu Banda, Chairperson
Nkuna of Counsel for the Applicant
B.F. Unyolo - Human Resource and Administration Assistant
Chinkudzu - Official Interpreter


RULING



Upon hearing counsel for the applicant and upon hearing counsel for the respondent and upon going through matter submissions prepared by counsel from both sides, the court finds that there are issues of facts to be assessed in order to determine the issue before the court. For instance there is need for evidence to determine the cause and procedure followed in the dismissal and the date of effective termination to appreciate some of the arguments brought forward by counsel from both sides. The matter to come for full hearing before the Industrial Relations Court sitting with member panelists.


The matter to proceed for such hearing in Lilongwe where the court has quoram.


Matter to come for hearing between 20 – 24 August 2007 at Lilongwe Industrial Relations Court.


Made this 7th day of August at BLANTYRE






R. Zibelu Banda

CHAIRPERSON