IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

MZUZU
REGISTRY

MATTER
NO. IRC 130 OF 2006

BETWEEN

PHIRI……………….………..….…………………………………………
APPLICANT

AND

BANDA…………………………..……….………….…………………..RESPONDENT

CORAM: R.
Zibelu Banda (Ms); Chairperson

Applicant; present

Respondent; Present

Bondo; Official
Interpreter

ORDER

1. Employment-Contract
   of employment-Terms and Conditions-Parties to carry out contractual
   obligations

2. 
   Remuneration-Integral
   term of contract of employment-Must be paid when due

3. 
   On termination or
   completion of contract wages and remuneration due to be paid within
   seven days of the termination or completion-Section
   53(1) Employment
   Act

The Law

This was a contract to
perform work for the respondent. In consideration the employer was to
pay the applicant remuneration. Months
went by and the respondent did
not pay the applicant her dues amounting to MK 14 300-00. She brought
this action to compel the
respondent to pay. According to section
53(1) of the Employment Act, an employer is under legal obligation to
pay wages to its
employee within seven days of termination or
completion of contract.

Order

The court orders the
respondent to pay the applicant MK14 300-00. This order is with
effect within14 days of this date. The effective
period has been so
extended taking into consideration the respondent’s plea to have
more time to source the money.

Any party
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this date. Appeal lies only on
matters of law or
jurisdiction; section 65 (2) Labour Relations Act 1996.

Made
this 24^th day of July 2007 at MZUZU.

Rachel
Zibelu Banda

CHAIRPERSON.