Mvula v Aged Support Society of Malawi (IRC Matter 26 of 2006)  MWIRC 6 (25 January 2007);
INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 26 OF 2006
AGED SUPPORT SOCIETY OF
Zibelu Banda (Ms) Chairperson
The applicant signed a
contract to work as a Volunteer for an organization which is now the
respondent in this matter. The conditions
among others were that
this was not a contract of employment as there was no salary and
other terms associated with an employment
contract like leave,
terminal benefits among others. The contract however provided for an
allowance which was yet to be agreed
upon. The applicant brought this
action claiming that he was not paid allowances for a period from
March to December 2005. He also
claimed traveling allowances,
telephone allowances and postage bills.
the facts the court did not find a contract of employment but
voluntary work. The Industrial Relations Courts (IRC)
to hear and determine labour matters. The matter must arise out of
the employment or non employment of a party. The
section 3, defines an employee, see also: Chisowa
V Ibrahim Cash and Carry [Matter Number IRC
3/2003 (unreported)]. The applicant did not fit in this definition as
he was not under the control of the respondent.
He could decide to
leave anytime without notice and he was not under any legal
obligation to work for the respondent as he was
not under any
employment contract. Perhaps it is time that relevant State agencies
sensitized the general population on Voluntary
work and its effects.
The court appreciates though that the
applicant did some work and was promised an allowance. This claim may
be pursued out of court
or through the relevant institutions like the
Civil Courts, District Commissioners Office or some such State
institution. The IRC
has no jurisdiction in this matter.
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this date. Appeal lies in matters
of law or
jurisdiction, see, section 65 (2) Labour Relations Act 1996.
day of January 2007 at MZUZU.