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Manduwa v MACOHA - Matter No. 191 of 2001 [2003] MWIRC 9 (1 January 2003)

.RTF of original document

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL REGISTRY

MATTER NO. IRC 191 OF 2001

BETWEEN:

LYNESS MANDUWA ……………………………………………… APPLICANT

-and-

MALAWI COUNCIL FOR THE HANDICAPPED ……………. RESPONDENT

CORAM:       R. Zibelu Banda (Ms), Deputy Chairperson

                        Tembenu for the Respondent

                        Mwala for the Applicant

                        Ngalauka – Court Clerk

ORDER

            I note from the proceedings today 14^th April, 2003 that the respondent is not disputing owing the applicant salary for nine months from April, 1999 to December, 1999. There is also no dispute on leave grant for 199. Pension contributions were not discussed but if the applicant was on a contributory pension scheme she must be entitled to her contribution.

            Since there is no dispute on some terminal benefits owned to the applicant, I order that all the admitted points be settled between the parties and that the matter should only proceed on the unadmitted terminal benefits. The issue that this court is empowered to decide on is whether terminal benefits were due and pwd to an employee or not see  section 110 (2) constitution the section 64 Labour Relations Act the court has no jurisdiction to enforce debts between parties, even when the debt is between an employer and employee. The parties can have recourse on those issues from competent court with necessary jurisdiction.

            Made in Chambers this ……….. day of ………………………………… 2003 at LIMBE.

R. Zibelu Banda (Ms)

DEPUTY CHAIRPERSON