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Court awards shop assistant K3.3m in overtime claim

Contributor by Contributor
August 20, 2026
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Court awards shop assistant K3.3m in overtime claim
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The Legal Aid Bureau has successfully represented Jafali Mussah in an employment dispute before the Industrial Relations Court, resulting in the payment of K3,325,000.00 owed to him by his former employer, Shaan Cash and Carry.

Before he was dismissed from his employment, Mussah was employed by Shaan Cash and Carry as a Shop Assistant in Blantyre where he worked from 2019 to 2025. During his employment, he worked overtime for which he was not paid.

He subsequently commenced proceedings against his former employer in the Industrial Relations Court, seeking payment of the outstanding overtime.

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The Respondent did not enter a defence to the claim, resulting in the Court entering default judgment against it. The Respondent was ordered to pay Mussah K3,325,000.00.

Following the judgment, the Respondent filed an ex parte application seeking a stay of execution of the judgment pending an application to set aside the default judgment.

Mussah subsequently approached the Legal Aid Bureau for legal representation. His matter was taken up by Principal Legal Aid Advocate Tiwonge Penama and Assistant Legal Aid Officer Isaac Banda, who filed an inter partes application challenging the stay of execution granted to the Respondent.

After hearing submissions from both parties, the Court dismissed the stay of execution and upheld the award in favour of Mussah. Following the Court’s decision, Mussah was paid the full amount of K3,325,000.00, bringing the matter to a successful conclusion.

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