Mataka and Others v Theologoes Estate (IRC 281 of 2006 ) (281 of 2006) [2008] MWIRC 15 (29 April 2008);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


ZOMBA REGISTRY


MATTER NUMBER IRC 281/282 OF 2006


BETWEEN



MATAKA AND 5 OTHERS.……………………...………………….. APPLICANTS


-and-


THEOLOGOS ESTATE………………………..………….…………...RESPONDENT



CORAM: R ZIBELU BANDA (MS); CHAIRPERSON

NC KAJOMBO; EMPLOYEES’ PANELIST

A MALIJANI; EMPLOYERS’ PANELIST

Applicants; present

Respondent; Absent without excuse

Gowa; Official Interpreter



JUDGMENT

Upon hearing Counsel for the Respondent; the Court Orders that judgment be entered in favour of the Applicants for the sum of MK296 209-00 representing notice pay and severance pay to be broken down among the Applicants as follows:


  1. John Mataka

    1. Notice pay: MK 2 160-00

    2. Severance pay: MK 48 000-00

    3. Total: MK 50 160-00


  1. Gresani Diyesi

    1. Notice pay: MK2 210-00

    2. Severance pay: MK 63 240-00

    3. Total: MK 65 450-00


  1. Malefula Amidu

    1. Notice pay: MK1729-00

    2. Severance pay: MK46 284-00

    3. Total: MK48 013-00

  1. Brackton Mazonda

    1. Notice pay: MK2041-00

    2. Severance pay: MK 56 520-00

    3. Total: MK 58 561-00


  1. Edison Kapasule

    1. Notice pay: MK 2025

    2. Severance pay: MK21 600

    3. Total: MK 23 625-00


  1. Joseph Evance

    1. Notice pay: MK 2100

    2. Severance pay MK 48 300

    3. Total: MK50 400-00


The court record shows that on 22 March 2007 at a pre-hearing conference in this matter; Counsel for the Respondent on instructions from his client, the Respondent, informed Court that they were not contesting the matter on notice pay and severance pay and made an undertaking to pay the Applicants their notice pay and severance pay. It is over one year since that undertaking was made.


The Respondent have not paid the Applicants and there has been no communication from the Respondent regarding the progress in settling the matter. Under the circumstances the court finds that the Respondent has had enough time within which to pay the Applicants. This Order is therefore effective immediately. The money is to be paid into the Industrial Relations Court.


Made this 29th day of April 2008 at ZOMBA.




Rachel Zibelu Banda

CHAIRPERSON



Nick Chifundo Kajombo

EMPLOYEES’ PANELIST



Aiman Malijani

EMPLOYERS’ PANELIST