Ng'ambi v SEDOM (IRC 304 of 2005 ) (304 of 2005) [2007] MWIRC 93 (31 December 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 304 OF 2005


BETWEEN


NG’AMBI………………...…………………………………………… APPLICANT


-and-

SEDOM……………………………………..………………………… RESPONDENT



CORAM: RACHEL ZIBELU BANDA; CHAIRPERSON
MRN PADAMBO; EMPLOYEES’ PANELIST
D NAMANDWA; EMPLOYERS’ PANELIST
Mayere; for the Respondent
Applicant; present
Chinkudzu; Official Interpreter


JUDGMENT

  1. Employment-Offer and acceptance-prerequisite to any contract-Without offer and acceptance no contract

  2. Burden of proof-He who alleges the existence of a contract must prove


Facts

The applicant took out this action against the respondent alleging that he was offered employment and that he had accepted. He further alleged that he was advised to wait for posting but that the posting never materialized. He alleged that he had been unfairly denied of employment. The respondent contended that the applicant attended interviews but he did not succeed. He was accordingly informed by letter that he had not been successful in the interviews. They denied denying the applicant the opportunity to work.


The Law

In any contract there must be offer and acceptance. In employment a prospective employee or employer offers services to the other. The other accepts after considering the terms and conditions including consideration in case of employment this could be salary for work done.


The burden of proving that a contract exists is on the person alleging its existence. In this case the applicant bears the burden of showing the court on a balance of probabilities that he entered into an employment contract with the respondent. The evidence that the applicant adduced was that his brother got a call from someone working for the respondent who informed him (the brother) that the applicant had been successful in interviews. The applicant met this person and they discussed modalities. There was no official letter to confirm the meeting or the success in the interviews. The respondent on the other hand showed court that the applicant had not succeeded in the interview. An official notification was sent him through a letter. The court had no basis for disputing the respondent’s evidence after the applicant failed to substantiate his allegation of the existence of a contract with the respondent.


Finding

The applicant failed to prove his case. This action is dismissed in its entirety.


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


Made this 31st day of December 2007 at Blantyre.


Rachel Zibelu Banda

CHAIRPERSON



Maxwell RN Padambo

EMPLOYEES’ MEMBER PANELIST



Daphter Namandwa

EMPLOYERS’ MEMBER PANELIST