IN THE INDUSTRIAL RELATIONS COURT OF
MALAWI

ZOMBA
REGISTRY

MATTER
NUMBER IRC 281/282 OF 2006

BETWEEN

MATAKA AND 5 OTHERS.……………………...…………………..
APPLICANTS

-and-

THEOLOGOS ESTATE………………………..………….…………...RESPONDENT

CORAM: R
ZIBELU BANDA (MS); CHAIRPERSON

NC KAJOMBO; EMPLOYEES’
PANELIST

A MALIJANI; EMPLOYERS’
PANELIST

Applicants;
present

Respondent; Absent
without excuse

Gowa;
Official Interpreter

JUDGMENT

Upon
hearing Counsel for the Respondent; the Court
Orders that judgment be entered in favour of the Applicants for the
sum of MK296 209-00
representing notice pay and severance pay to be broken down among the
Applicants as follows:

1. John
   Mataka
   

   1. 
      Notice
      pay: MK 2 160-00

   2. 
      Severance
      pay: MK 48 000-00

   3. 
      Total: MK
      50 160-00

   
   

2. Gresani
   Diyesi
   

   1. 
      Notice pay:
      MK2 210-00

   2. 
      Severance
      pay: MK 63 240-00

   3. 
      Total:
      MK 65 450-00

   
   

3. Malefula
   Amidu
   

   1. 
      Notice pay:
      MK1729-00

   2. 
      Severance
      pay: MK46 284-00

   3. 
      Total: MK48
      013-00

   
   

4. Brackton
   Mazonda
   

   1. 
      Notice pay:
      MK2041-00

   2. 
      Severance
      pay: MK 56 520-00

   3. 
      Total: MK
      58 561-00

   
   

5. Edison
   Kapasule
   

   
   

   1. Notice
      pay: MK 2025

   2. 
      Severance pay: MK21 600

   3. 
      Total: MK 23 625-00

   
   

6. Joseph
   Evance
   

   1. 
      Notice pay: MK 2100

   2. 
      Severance pay MK 48 300

   3. 
      Total: MK50 400-00

   
   

The
court record shows that on 22 March 2007 at a pre-hearing conference
in this matter; Counsel for the Respondent on instructions
from his
client, the Respondent, informed Court that they were not contesting
the matter on notice pay and severance pay and made
an undertaking to
pay the Applicants their notice pay and severance pay. It is over one
year since that undertaking was made.

The
Respondent have not paid the Applicants and there has been no
communication from the Respondent regarding the progress in settling

the matter. Under the circumstances the court finds that the
Respondent has had enough time within which to pay the Applicants.

This Order is therefore effective immediately. The money is to be
paid into the Industrial Relations Court.

Made
this 29^th
day of April 2008 at ZOMBA.

Rachel
Zibelu Banda

CHAIRPERSON

Nick
Chifundo Kajombo

EMPLOYEES’ PANELIST

Aiman
Malijani

EMPLOYERS’ PANELIST