The Industrial Relations Court has ruled in favor of Yamikani Makanga who sought relief on withheld pension and salaries by his employer, Chipo Musadi Safari Club (Nkhotakota Pottery).
This is contained in a default judgment by the Court which has further ruled that Makanga must be given a clear position on his employment status and be paid damages.
Yamikani Makanga was employed as a Personal Assistant and Public Relations Officer at Nkhotakota Pottery in July 2019 and by 2020, his salary was MK160,000 per month.
In 2022, his employer alleged that he had stolen money amounting to MK720,000, and was arrested. He was taken to Court to answer a theft charge but was later acquitted. When he went to report for work after the acquittal, he was sent back and dismissed without a hearing.
Makanga sought legal aid to claim his salary that was never paid in 12 months and to get his pension deposited into his pension fund account. Legal aid was granted and he was represented by Principal Legal Aid Advocate, Emily Kusani.
In Court, Makanga produced all evidence that he was still holding and using company property but was not allowed access to the workplace. He further narrated how he stopped getting paid his dues and how this negatively affected him over the course of the 12-month period.
The matter was set for further hearing before His Honor Viva Nyimba but the respondent together with her Counsel did not show up and did not file witness statements for hearing.
The Court having been satisfied that the notice of further hearing was duly served on Counsel for the Nkhotakota Pottery, it proceeded to strike out the respondent’s defence and enter judgment in favor of Makanga.
The Court entered its judgment and ordered that Makanga be paid his withheld wages from September 2022 up to date, be given a clear written position on whether he is still employed, and if his employment was terminated, he should receive his dues.
The Court also ordered the respondent to make all pension payments for Makanga to his pension fund account and be compensated for damages relating to inconvenience, suffering and costs for the action.
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