IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 88 OF 2007

BETWEEN

LUPENGA…………..……………………………………
……………...APPLICANT

-and-

ILLOVO SUGAR (MALAWI)
LTD…...……………..……………..RESPONDENT

CORAM: R. Zibelu
Banda, Chairperson

Chikwana; Assistant
Human Resources Manager for Respondent

Applicant; present

Andersen; Visiting Judge
from Denmark Labour Court (Observer)

Gowa; Official
Interpreter

RULING

Limitation period-Employment Act
2000-Claim for unfair dismissal-Section 62 Employment
Act-Dismissed-Statute barred.

Upon
hearing the applicant and upon hearing the respondent’s witness;
the Court found that the applicant had a dispute regarding
unfair
dismissal. The cause of action arose in September 2004. The applicant
lodged his complaint at the Labour Office on 10 August
2006. The
matter was referred to this court in 2006; two years after the cause
of action arose. The Court found this delay too
inordinate under the
circumstances and dismissed the action on the basis that it was
statute barred.

The
Employment Act in section 62 provides that disputes of unfair
dismissal must be lodged with the District Labour Officer for

conciliation, mediation and arbitration within 90 days of the
dispute. The unresolved matter must then be referred to this Court

within 30 days by the Labour Officer. In this case the matter took
well over the limitation period and therefore it is dismissed
for
being statute barred.

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

Pronounced
this 17^th day of July 2007 at CHIKWAWA.

Rachel
Zibelu Banda.

CHAIRPERSON.