By IOMMIE CHIWALO
BLANTYRE-(MaraviPost)-While government is finding it hard to stand on its feet in the ailing economy, State has no choice but to pay over MK100 million after the Industrial Relations Court (IRC) has ruled in favour of Journalist Brian Banda.
According to court documents in our possession, Banda sought legal assistance after conviction that his three year contract as Communications Officer for State residences was unfairly terminated.
Meanwhile in its ruling presided over by IRC Deputy Chairperson Peter Kandulu, delivered in chambers on 22nd day of December 2023 at Blantyre, Journalist Brian Banda is awarded MK 103, 316, 418. 00 being compensation for unfair dismissal and severance allowance and the same must be paid within 30 days.
From the background records, it is evident that there was delay tactics on the government side to have the case completed.
For instance from the very same court documentation, it shows that the Applicant commenced proceedings seeking compensation for constructive dismissal, severance allowance pay, and compensation for unfair labour practices on the 28th day of September 2022 and was served to the respondent on the 26th
of October 2022 at 2.45 pm, service was duly received and the respondent stamped an official stamp acknowledging service but the Respondent failed to file a reply within the prescribed period by law hence the applicant obtained a default judgement on the 7th day of November 2022.
It was upon default judgment when state started reacting after a notice of assessment of
compensation was duly issued and served on the respondent on the 7th day of November 2022.
The Respondent filed a motion to set aside the default judgement.
“The motion was scheduled to be heard on the 20th day of June 2023. On the date scheduled for hearing the motion, the respondent
or his legal representative did not appear in court and no reason was given to the court on their absence. The motion was dismissed. The court issued a notice for the hearing of the assessment of compensation trial. The said notice
of hearing was served on the respondent on the 11th day of August 2023 at 1.50 pm and service
was acknowledged by C. Chitsonga on behalf of the Attorney General.
“The Attorney General’s Chambers filed an exparte motion for a stay of proceedings pending
hearing of an application to set aside the default judgement. The motion was issued to be heard on the 25th day of August 2023 the day the court had scheduled to hear the assessment of damages. When the motion was called, the Respondent or Attorney General Representative was not present in court,” reads the court document.
Now the court has ruled in favour of Journalist Brian Banda considering that his submissions were genuine and that his Legal representative addressed the court that the delay tactics by government was irritating considering that it was happening for the third
time that the Respondent or his representative was served or they initiated court proceedings but on the date scheduled, they never appeared or communicated with the court or the applicant on the reasons for their failure to attend court’s proceedings.
Counsel Mauya Msuku who represented the highly appreciated Radio personality, implored the court to dismiss the motion and proceed with the hearing of the assessment of damages which was the first to be issued before the motion.
The Law, according to Section 8 (2) of the Labour Relations Act empowers the Industrial Relations Court to award compensation.