IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 454 OF 2002

BETWEEN

LIWAKHWA………………………………………………
……………...APPLICANT

-and-

H &P STEEL AND WIRE LIMITED…..……………...
……………..RESPONDENT

CORAM: R. Zibelu
Banda, Chairperson

Phiri for the
Respondent

Applicant; present

Ngalauka; Official
Interpreter

ORDER

Terminal
benefits-Severance allowance-Payment of-Burden of proof-Applicant to
prove that he was entitled.

Upon
hearing the applicant and upon hearing the respondent the court finds
that the applicant was not entitled to severance allowance
as his
salary at termination was more than MK2 000-00 per annum therefore
not eligible for severance allowance under the prevailing
laws at the
time of termination in June 1999. Therefore the applicant’s claim
is dismissed for lack of merit.

Any party aggrieved by
this decision has the right of appeal to the High Court within 30
days of this order. Appeal lies only
on matters of law and
jurisdiction and not facts: Section 65 (2) of the Labour Relations
Act.

Pronounced
this 20^th day of July 2006 at BLANTYRE.

Rachel
Zibelu Banda

CHAIRPERSON.