Court name
Industrial Relations Court
Case number
IRC Matter 14 of 2004

Gondwe v Postmaster General (IRC Matter 14 of 2004) [2007] MWIRC 13 (30 January 2007);

Law report citations
Media neutral citation
[2007] MWIRC 13
Coram
Null











IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




MZUZU
REGISTRY




MATTER
NO. IRC 14 OF 2004




BETWEEN




GONDWE………………..………………………………………………..
APPLICANT






-and-




POSTMASTER GENERAL….. ………………………………………
RESPONDENT





CORAM: R. Zibelu
Banda (Ms); Chairperson

A Nyirenda (Ms.);
Asistant Registrar (Mzuzu High Court) Applicant; Present

Mwenemuluku; Regional
Manager

Namponya; Official
Interpreter




ORDER


Terminal
benefits-Severance allowance-Leave grant-Notice pay-Overtime.



The
applicant claimed terminal benefits in the form of severance
allowance. He said he was employed in 1995 and that at the time
of
termination in October 2000, he was receiving MK 8 000-00 per month.
The respondent’s witness could not say whether this money
was paid
or not. He could not even tell how much the applicant was receiving
as salary at the time of termination. The court orders
that the
applicant be paid severance allowance for the five years that he
worked for the respondent, representing 2 weeks wages
for each year
of service at a salary of MK 8 000-00 per month. The applicant
claimed leave grant which he said he never got. The
court orders that
MK 1000-00 leave grant be paid to the applicant as claimed. This
order is with immediate effect. He did not pursue
the other claims.




The court
would like to condemn the respondent’s representative who seemed to
know nothing about the case. He was unprepared and
useless as a
witness. In future the respondent should try to prepare for their
cases to avoid embarrassment.




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


Pronounced this 31st
day of January 2007 at BLANTYRE.




Rachel
Zibelu Banda


CHAIRPERSON.