Gustino v Auction Holdings Ltd (IC 206 of 20044 ) (206 of 20044) [2007] MWIRC 52 (10 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
Likongwe; of Counsel for Respondent
Chinkudzu; Official Interpreter


RULING

Quorum- determinations of fact-Requirement for court to sit with member panelists


Upon hearing counsel for the applicant and upon hearing counsel for the respondent and upon going through written submissions prepared by counsel from both sides, the court finds that there are matters of facts to be assessed in order to determine the issue before the court. For instance there is need to hear evidence to determine the reason for and procedure followed in the dismissal. There is also a requirement to ascertain the effective date of termination and consequently when severance allowance if any was due.


These are matters that must be ascertained upon hearing evidence. Therefore this matter must come for full hearing before the Industrial Relations Court sitting with member panelists.


Lilongwe Registry of the Industrial Relations Court is sitting with member panelists in the week 20-24 August 2007. Considering this matter has been pending in our records since 2004, the parties may opt to take advantage of the full court sitting in Lilongwe to have the matter concluded.


Made this 10th day of August 2007 at BLANTYRE



Rachel Zibelu Banda

CHAIRPERSON