(From left) SLAA Mmangitsa, Kaufa, LAO Somba
The Industrial Relations Court in Lilongwe has awarded Frank Kaufa K1,485,000.00 as gratuity and unpaid salary for the period he worked as a houseboy for the family of Mr. and Mrs. Mphasa.
Kaufa was employed as a houseboy on 31 May 2008 and was terminated on 12 June 2023. Following his dismissal, he was not given any terminal benefits, prompting him to seek legal assistance.
After registering his case with the Legal Aid Bureau, the matter was taken up by Senior Legal Aid Advocate Mphatso Mmangitsa with assistance from Legal Aid Officer Sharon Rose Somba.
In Court, Kaufa testified that he had agreed with the respondent that, in addition to his regular duties as a houseboy, he would also cook food for dogs within the compound and would receive a special salary for that work. He further stated that Mrs. Kaonongera, the person who helped him secure the job, informed him that his employer would be keeping the special salary on his behalf.
Kaufa also told the Court that in 2015, when the respondent started a transport business, he was instructed to report to Kanengo to work as a Stores Clerk. When he inquired about the special salary, he was told that it was still being kept for him and would be paid upon termination.
While in Kanengo, Kaufa performed additional duties, including depositing money for the company at Standard Bank, until June 2023, when he stopped working.
In August 2023, Kaufa went to the respondent’s residence to collect his dues but was shouted at and was only paid K450,000 as terminal benefits. He informed the Court that he had received a monthly salary of K20,000 as a houseboy, was entitled to K12,000 for cooking for the dogs, and earned K65,000 as a Stores Clerk. He stated that he had worked for a total of 16 years and cooked for the dogs for 6 years and 3 months.
During cross-examination by the respondent’s counsel, Kaufa explained that the job offer as a houseboy came from Mrs. Mphasa, and it was Mr. Mphasa who instructed him to cook for the dogs, promising a special salary.
Later, the respondent’s counsel informed the Court that they would not call any witnesses and would close their case.
Regarding the gratuity claim, the Court noted that the respondent did not provide any evidence to counter the claim, only stating that Kaufa had not worked for 16 years. In the absence of contrary evidence, the Court awarded gratuity for the 16 years of service, amounting to K585,000.
On the claim for the special salary for cooking for the dogs, no evidence was brought forward to dispute Kaufa’s testimony that his salary was withheld. As the claim was uncontested, the Court awarded him K900,000 for the additional work over a period of 6 years and 3 months.
In conclusion, the Court ordered Mr. and Mrs. Mphasa to pay Frank Kaufa a total of K1,485,000.00 within 30 days.
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