IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 304 OF 2005

BETWEEN

NG’AMBI………………...……………………………………………
APPLICANT

-and-

SEDOM……………………………………..…………………………
RESPONDENT

CORAM: RACHEL
ZIBELU BANDA; CHAIRPERSON

MRN PADAMBO;
EMPLOYEES’ PANELIST

D NAMANDWA;
EMPLOYERS’ PANELIST

Mayere; for the Respondent

Applicant; present

Chinkudzu; Official
Interpreter

JUDGMENT

1. Employment-Offer
   and acceptance-prerequisite to any contract-Without offer and
   acceptance no contract

2. 
   Burden of proof-He who
   alleges the existence of a contract must prove

Facts

The applicant took out this
action against the respondent alleging that he was offered employment
and that he had accepted. He further
alleged that he was advised to
wait for posting but that the posting never materialized. He alleged
that he had been unfairly denied
of employment. The respondent
contended that the applicant attended interviews but he did not
succeed. He was accordingly informed
by letter that he had not been
successful in the interviews. They denied denying the applicant the
opportunity to work.

The Law

In any contract there must
be offer and acceptance. In employment a prospective employee or
employer offers services to the other.
The other accepts after
considering the terms and conditions including consideration in case
of employment this could be salary
for work done.

The burden
of proving that a contract exists is on the person alleging its
existence. In this case the applicant bears the burden
of showing the
court on a balance of probabilities that he entered into an
employment contract with the respondent. The evidence
that the
applicant adduced was that his brother got a call from someone
working for the respondent who informed him (the brother)
that the
applicant had been successful in interviews. The applicant met this
person and they discussed modalities. There was no
official letter to
confirm the meeting or the success in the interviews. The respondent
on the other hand showed court that the
applicant had not succeeded
in the interview. An official notification was sent him through a
letter. The court had no basis for
disputing the respondent’s
evidence after the applicant failed to substantiate his allegation of
the existence of a contract
with the respondent.

Finding

The applicant failed to
prove his case. This action is dismissed in its entirety.

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

Made
this 31^st day of December 2007 at Blantyre.

Rachel
Zibelu Banda

CHAIRPERSON

Maxwell
RN Padambo

EMPLOYEES’ MEMBER
PANELIST

Daphter
Namandwa

EMPLOYERS’ MEMBER
PANELIST