Mwafongo v Blantyre Printing and Publishing Co (IRC 412 of 2002 ) (412 of 2002) [2007] MWIRC 53 (10 August 2007);

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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

Statute of Limitation-Severance allowance-Action to be filed within stipulated time limits


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 limit.


Claim for severance allowance must be lodged with a Labour Officer within 90 days of the date that the severance allowance became due. Thereafter if the claim is unresolved, it must be referred to the Industrial Relations Court for adjudication. In this claim the 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.


Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this ruling.



Made this 10th day of August 2007 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON