Mwafongo v Blantyre Printing and Publishing Co (IRC 412 of 2002 ) (412 of 2002) [2007] MWIRC 51 (07 August 2007);

Share
Download: 



IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 412 OF 2002


BETWEEN


MWAFONGO …………………………………………………………… APPLICANT


-and-


BLANTYRE PRINTING & PUBLISHING COMPANY. …………. RESPONDENT


CORAM: R. ZIBELU BANDA – CHAIRPERSON

Mwantisi of Counsel for the Respondent

Applicant – Present

Ngalauka – Official Interpreter



RULING


Upon hearing the Applicant and Upon hearing Counsel for the Respondent, the court finds that the action is statute barred. There is no valid reason for failure to lodge the complaint within the stipulated time limits.


Claim for severance allowance must be lodged within 90 days of the date that the severance allowance became due. Thereafter if the claim is unresolved, it must be retuned to the Industrial Relations Court for adjudication. In this claim the severance allowance was due in 1996. The Applicant only took out the claim with the court in 2002. The delay was too in coordinate and in excusable.


Action is dismissed on ground that it is statute barred.


Made this 7th day of August 2007 at BLANTYRE.





R. Zibelu Banda

CHAIRPERSON