IN THE INDUSTRIAL RELATIONS COURT OF
MALAWI

PRINCIPAL
REGISTRY

MATTER
NUMBER IRC 109 OF 2006

BETWEEN

MASAMBUKA & OTHERS….…………………...……………………..
APPLICANT

-and-

LUWANDA…………………….………………..………….…………...RESPONDENT

CORAM: R
ZIBELU BANDA (MS); CHAIRPERSON

NC KAJOMBO; EMPLOYEES’
PANELIST

JE CHILENGA;
EMPLOYERS’ PANELIST

Applicants;
Present (3)

Respondent; absent
without excuse

Nyabanga;
Official Interpreter

ORDER
FOR WITHHELD WAGES

The three
applicants namely; Harold Masambuka, Feston Milanzi and Faduweck were
employed by the respondent as unskilled labourers.
They were entitled
to a monthly salary of MK 5 000-00; MK6 500-00 and MK5 500-00
respectively. They complained that they were not
paid salaries for
January to April 2006.

The matter
came for pre-hearing conference where both parties attended court.
The matter was adjourned for a further pre-hearing
conference but the
respondent did not turn up. The matter was referred to the full court
for determination of the issue of withheld
wages. The respondent was
served with notice of hearing but he chose not to attend court. The
matter proceeded to hearing in the
absence of the respondent in
accordance with section 74 of the Labour Relations Act.

The
applicants gave evidence. They stated that they were employed by the
respondent who promised to pay them salaries at the end
of the month.
To their surprise the respondent did not honour this promise although
the applicants had performed their work. The
applicants were not paid
salaries for January, February, March and April 2006. The total claim
is for MK 68 000-00 being withheld
wages.

Order

The respondent is ordered
to pay the applicants MK68 000-00 representing withheld wages
for four months. This order is effective within 14 days of this day.

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

Made
this 28^th
day of May 2008 at BLANTYRE.

Rachel
Zibelu Banda

CHAIRPERSON

Nick
Chifundo Kajombo

EMPLOYEES’ PANELIST

Joel
Evalisto Chilenga

EMPLOYERS’ PANELIST