THE INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 412 OF 2002
BLANTYRE PRINTING & PUBLISHING
CORAM: R. ZIBELU BANDA; CHAIRPERSON
of Counsel for the Respondent
of Limitation-Severance allowance-Action to be filed within
stipulated time limits
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
for severance allowance must be lodged with a Labour Officer within
90 days of the date that the severance allowance became
Thereafter if the claim is unresolved, it must be referred to the
Industrial Relations Court for adjudication. In this claim
severance allowance was due in 1996. The Applicant only took out the
action in 2002. The delay was too in inordinate and in-excusable.
Action is dismissed on ground that it is statute barred.
party aggrieved by this decision is at liberty to appeal to the High
Court within 30 days of this ruling.
day of August 2007 at BLANTYRE.