fruit? H30 KM. Arxj?fi'IL?j I Eu: REPUBLIC OF MALAWI IRC FORM 2 . IN THE INDUSTRIAL RELATIONS COURT OF MALAWI HELD AT BLANTYRE STATEMENT OF REPLY MATTER NO. IRC 118 OF 2017 In the dispute between Applicant TONY KABAGHE AND 21 OTHERS Respondent DAPP MALAWI To: The Registrar Industrial Relations Court P.O. Box 5596 LIMBE And to: TONY KABAGHE AND 21 OTHERS C/o Commercial Industrial Allied Workers P.O. Box 5094 LIMBE Particulars of the Respondent Name THE REGISTERED TRUSTEES OF DAPP IN MALAWI Description eg. individual, ?rm, company, partnership, organization, trade union, undertaking, etc) TRUST Trade name (if any): AS ABOVE Physical address: PLOT NUMBER BE 314, BAINES ROAD, GINNE RY CORNER, BLANTY RE Postal address: PO. BOX 2732, BLANTYRE Telephone No.: 0 999 952 482 Telefax No: Address of service of documents in these proceedings THE REGISTERED TRUSTEES OF DAPP IN MALAWI PLOT NUMBER BE 314 BAINES ROAD GINNERY CORNER P.O. BOX 2732 BLANTYRE Objection to jurisdiction of the Court: (Complete only if applicable?set out fully the grounds for such objections). The Respondent?s opposition to the Applicant?s statement of claim: (set out clear and concise grounds of opposition with a speci?c admission or denial of the allegations in each paragraph and sub?paragraph) SEE ATTACHED Respondent?s counter claim, if any: (set out clear and concise grounds); Relief sought: (if the Respondent opposed the relief sought but thinks the Applicant is entitled to some other relief?set out particulars of such other reliet). THE CLAIM BE DISMISSED IN ITS ENTIRETY List of books, documents and other materials relevant to the Respondent?s opposition which are in the Respondent?s possession or under his control: Copies of the Applicants? Employment Contracts; DAPP in Malawi Terms and Conditions of Service; (0) Copies ofleave application forms for some ofthe Applicants; Copies ofcon?rmation of end of contract with DAPP Malawi; Copies of letters ofNotice ofRetrenchment. Signed at Blantyre this 24?h day of March, 2017 AM OBERT MAKAWA For DAPP MALAWI REPUBLIC OF MALAWI IN THE INDUSTRIAL RELATIONS COURT OF MALAWI HELD AT BLANTYRE MATTER NO. 118 OF 2017 In the dispute between Applicant TONY KABAGHE AND 21 OTHERS Respondent DAPP MALAWI ix.) Ur OPPOSITION TO THE CLAIM The Respondent refers to the Applicants? Statement of Claim (IRC Form I) and denies the Applicants? claim therein. The Respondent refers to paragraph 5(1) of the Statement of Claim and admits that the Applicants were employed by the Respondent in various capacities and on different dates. The Respondent Refers to paragraph 5(2) of the Statement of Claim and admits that the Applicants were entitled to 18 days paid annual leave for each completed year. The Respondent refers to paragraph 5(3) ofthe Statement of Claim and denies that due to busy operations of the Applicants? project, the Applicants were not able to take their leave days until their services were terminated due to lack of funds and puts the Applicants to strict proof thereof. The Respondent shall at trial show that 5.1. The Applicants were engaged by the Respondent on speci?c period contracts which had similar terms. . Each Applicant was entitled, under clause 6 of the contract as read with section 4.1.1 of the Terms and Conditions of Service, to annual leave of 18 working days for each completed year which was to be taken within 6 months of the entitlement falling due provided that leave would be deferred and accumulated by mutual agreement. The Applicants and the U1 Respondent did not mutually agree to defer and accumulate the leave for each of the Applicants. 5H3 Each Applicant was required under section 4.1.2 of the Terms and z? veil Conditions of Service to state when he/she proposed to take his/her leave through completed leave forms. The Applicants did not complete and/or if. submit leave forms to the Respondent when they proposed to take leave. ii?" 5.4. Depending on the Respondent?s operations, the Respondent would require any of the Applicants to take all or part of their leave sooner or later than the stated period. The Respondent?s operations did not require the Applicants to take all or part of their leave sooner or later than the stated period during the subsistence of the Applicants? contracts. 5.5. Section 4.1.6 of the Terms and Conditions of Service required employees 135-9 v0 wishing to work during their annual leave to apply in writing to the ?fe, Lash") 439:1 Respondent who would in turn approve the application and provide the - w? . . . . . qtvv? conditions of work durmg annual leave t1me. None of the Applicants 1 . . . Pg? applied to work during the annual leave period. see? ?at, 5.6. It was a clear term of clause 6.1 of each respective contract as read with section 4.1.8 of the Terms and Conditions of Service that unused leave days in one year 3% not be carried forward to the next year. The. Applicants? unused days were automatically forfeited in accogdangewith tlie?c'ontract and the Applicants cannot claim payment for the unused leave days."- i {531' {kz?i at gesmLs; r? 5.7. The Respondent paid the Applicants leave days that had accrued to each of the Applicants on the date of termination of their respective contracts. :4 5.8. Each of them signed and acknowledged on termination of their respective contracts employment that they have no further claims towards the . - Respondent for whatsoever. The Applicants can therefore not maintain this claim against the Respondent. 6. The Respondent therefore contends that the Applicants were fairly treated in accordance with the law, applicable policies and their respective contracts and that the Respondent acted with justice and equity in the process; 7. The Respondent further contends that the Applicants herein are not entitled to accrued leave pay of as alleged or at all and puts the Applicants to strict proofthereof; 8. Save as is herein specifically admitted by the Respondent, the Respondent denies each and every claim of the Applicants as if the same was set out herein and traversed seriatim; . WHEREFORE the Respondent prays that the Applicants? action be dismissed in its entirety. Dated this 24?? day of March, 2017 jam,? OBERT MAKAWA For DAPP MALAWI