Chingoli v Blantyre Print and Publishing Company Limited (Civil Appeal 140 of 2008) [2018] MWHC 1181 (26 October 2018)

REPUBLIC OF MALA WI IN THE HIGH COURT OF MALA WI PRINCIPAL REGISTRY CIVIL APPEAL NO. 15 OF 2014 (Being Matter No. IRC 140 of 2008) BETWEEN MASANKHO CHIN GO LI .. ...... . ... .. . .. . ... .... .............. .. . ....... . ...... ............... .. ......... APPELLANT AND BLANTYRE PRINT AND PUBLISHING COMPANY LIMITED .. .. . .... .... . .. . . .. . ..... RESPONDENT Coram: WYSON CHAMDIMBA NKHATA (AR) Mwala-of Counsel for the Appellant Banda-of Counsel for the Appellant Kalua-of Counsel for the Respondent Chitsulo-Court Clerk and Official Interpreter INTRORDUCTION ORDER ON ASSESSMENT OF DAMAGES - This is the court's order on assessment following the decision by Honourable Justice Kenyatta Nyirenda. The Appellant had appealed against the decision of the Industrial Relations Court at Blantyre to the High Court on 24th July 2015. The high Cou11 made the following Order: Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of2014 Page 1 "I order that the Registrar of the High Court should re-assess the compensation payable to the Appellant, bearing in mind that, in terms of the Offer Letter, the Appellant is entitled to be paid basic salary, housing allowance, car use, fuel allowance, cellphone allowance, club membership, security, medical aid insurance, educat_ion allowance, and gratuity. The outstanding payment is for 26 months (that is, from July 2008 to August 2010) less (a) mitigated loss from 151 October 2008 (when the Appellant secured a less paying job with the Agency) to August 2010, (b) applicable tax and (c) such other relevant deductions as are applicable in assessment of compensation in respect of employment matters. " Accordingly, the task of this cou1i was to receive the evidence and determine whether the Appellant has on the evidence so received proved his loss under the heads enumerated by Honourable Justice Kenyatta Nyirenda in his ruling. The pa1iies appeared before this cou,i on assessment of the losses and the evidence proffered was as follows: EVIDENCE There were two witnesses for the appellant. The first witness was the Appellant Masankho Chingoli himself. He adopted the two witness statements which he had filed with the Court. He averred that he was employed as a Group Marketing and Business Development Manager and that his salary and benefits were q. S follows: (a) Salary at MK.550,000.00 per month. (b) Housing allowance at MK60,000.00. (c) Medical allowance at MKS,750.00. (d) Fuel, 250 litres per month. (e) Guard at MKl3,000 .00 per month. (f) Cellphone at MK29,690 .00 per month. (g) School fees allowance at MK! 12,500.00. (h) Club membership at MK6,000.00 per month. (i) Holiday at MK52,000 .00. U) Gratuity at MK! 37,500.00. (k) Use of a motor vehicle at MK 11 ,500.00 per day. - Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 2 He exhibited copies of the offer letter and a quotation for hiring a similar motor vehicle during that particular period as "MCl" and "MC2." He worked out the calculations of the benefits from July 2008 to August 2010 for a period of Twenty (26) months as follows: LOST REVENUE PER TOTAL REVENUE FOR ITEM Salary MONTH MK550,000.00 Housing allowance MK 60,000.00 Gratuity Medical MKI 37,500.00 MK 8,750.00 Fuel at 250 litres/ month MK 53,275.00 Motor vehicle @ MK345,000.00 MKI 1,500.00 per day Guard Cellphone MK 13,000.00 MK 29,690.00 School fees allowance MKI 12,500.00 Club membership MK 6;000.00 Holiday/leave MK 52,000.00 , • TOTAL MK35,563,190.00 He fu1iher stated that in January 2009 he secured alternative employment with Business Advertising Agency and that his benefits were as follows: ITEM Salary MK120,000 .00 VALUE/MONTH JANUARY 2009 TO AUGUST 2010 Housing allowance MK 36,000.00 Medical Guard Cellphone MK 5,750.00 MK 8,000.00 MK 15,000.00 Club membership MK 5,833 .30 Holiday/leave MK 13,636.00 - TOTAL MK4,938,494.20 Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 3 MONTHS MK14,300,000.00 MK 1,560,000.00 MK 5,575,000.00 MK 227,500.00 MK 1,387,750.00 MK 8,970,000.00 MK 338,000.00 MK 771,940.00 MK 2,925,000.00 MK 156,000.00 MK 1,352,000.00 MK2,400,000.00 MK 720,000.00 MK 115,000.00 MK 160,000.00 MK 300,000.00 MK 116,666.60 MK 272,727.60 He further stated that the sum of MK4,938,494.20 represents his mitigation and therefore the balance is MK30,674,695.80. He further tendered in evidence the following documents: MC3 Schedule of itemized payments forming part of the terminal benefits prepared and paid by Blantyre Printing and Publishing Company Limited. MC4 - Calculations of gratuity paid to A Wl. MC5 MC6 MC7 MC8 - - Payment Voucher for school fees . Pay slip . Payment Voucher for school fees. Payment Voucher for rentals. MC9 - Offer letter from Business Advertising Agency. In cross examination APl stated that on housing allowance his entitlement was MK60,000.00 per month but that the company had valued the house he was living in to MKS0,000.00 and were giving him that. He further stated that the fuel was for both official and private use and that the same being a benefit all of it was payable to him. He stated that the Defendant calculated his benefits for a notice period of three (3) months, the company calculated fuel at 250 litres per month. He further testified that cellphone was 200USD per month which that time translate to MK29,690.00 per month. He also stated that he was entitled to a 4x4 motor vehicle as employees in his grade were all using 4x4 motor vehicles. He told the Court that this was one of the causes of the dispute between him and the Respondent company. He also stated that the sum of MKl 1,500.00 per day which was the amount of hiring a motor vehicle in the year 2008 be used . He denied that he was entitled to a VW Jetta. The second witness for the appellant was Genolino Lemani. He told the court that he is the Managing Director of Silver Line Car Hire. He explained that Mr Masankho Chingoli approached his company to find out the rates of a 4 x 4 Double Cab hire in the year 2008. He went on to say that in the year 2008 the rate for hiring a 4x4 Double Cab was MK8,000.00 per day, MK3,500.00 insurance and MK80 per kilometer. He tendered in evidence a document on the rates as "GLl." He stated that the total per day in 2008 was therefore MKl 1,500.00 exclusive of the rate per kilometer of usage. • In cross examination, he stated that these were the correct rates. He further told the court that he has been in the car hire business for a long time but only registered Silver Line Car Hire in the year 2010. Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 4 On the other hand, the Respondent called two witnesses . The first witness for the respondent was Leonard W. B Chikadya who testified that he is the Managing Director of the Respondent. He told the Court that the Appellant was entitled to the following: (a) A basic salary of MK550,000.00. (b) A company leased house of up to MK60,000.00 per month. ( c) A motor vehicle of such class as the Respondent could determine from time to time for both business and private use. (d) A monthly allocation of250 litres of fuel for both business and private use. ( e) A monthly cellphone allowance of 200 US Dollars. (f) A club membership. (g) Medical Insurance (MASM VIP Scheme) for the Appellant himself, spouse and three biological children under the age of 18 with the Appellant contributing 50% for the dependants. (h) A maximum education allowance of MK450,000 .00 per school calendar term for biological children under the age of 18 and attending primary or secondary school within Malawi. (i) One night security guard at the Appellant's house. (j) A gratuity at the rate of 25% of the total basis salary drawn during the period of the contract subject to applicable laws. He stated that the Appellant's net pay after tax deductions was MK380,000.00 per month. He tendered in evidence the Appellant's pay slip dated 30111 September 2017 as "LWB2." He also stated that the Appellant was provided with a company leased house by leasing the Appellant's own house Number MC 201 in the city of Blantyre at a rental of MK50,000 .00 per month. He stated that the rental had been fixed after a rental valuation by Messrs Landed Property Agents on 26111 September 2007. He tendered the tenancy agreement and fee note for rental valuation as "LWB3" and "LWB4." He further told the Court that at the Appellant's dismissal the Respondent had worked out monetary values of the rest of the Appellant's entitlements and these appear in a document marked "L WBS"and that at that time I US Dollar was equivalent to MK140 .00 and that accordingly the Appellant's cellphone allowance of 200 US - Dollars per month was equivalent to MK28,000.00 per month. He further stated that in terms of the offer letter, L WB I and the Respondent's Group Car Policy, the Respondent had determined that the Appellant was entitled to a VW Jetta which he was given for both business and private use. He stated that business use was on working days from Monday to Friday and during weekends and public holidays depending on the exigencies of work. Private use was use outside the working days, basically use during weekends. He Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 5 further stated that he believed it is use outside working hours that the Appellant loss determined at MKl ,500.00 pe1; day. He stated that the MKl ,500.00 came from HR practices and applicable car rental rates. He went on to say that other employees whose contracts were also terminated around the same time had been compensated at the same rate. He tendered calculations of terminal benefits of the said employees as L WB6 and LWB7. He also stated that he conducted a search at the Registrar Generals Department and found that Silver Line Car Hire was only registered in August 2010 and accordingly was not in existence in 2008. It was his testimony further that in respect of fuel, the Appellant only lost two (2) days in every week and therefore loss in respect offuel be calculated at 2 over 7 of 50,225 translating to MK14,350.00 per month. He stated that in respect of a night securing guard the cost at the time was MK13,000.00 per month and medical was a total of MKI0,500.00 per month and that school fees entitlement was MKl 12,500.00 per month. He then testified that the Appellant joined Blantyre Sports Club in silver category at a fee of MK68,855.00 per year translating to MKS, 737 .92 . He tendered copy of the Appellant's application for membership of Blantyre Spo1is Club ·as "LWB8." He then summarized the Appellant's loss in a table as follows: ITEM Salary Housing Medical Club Membership Fuel Motor vehicle Security Cellphone School fees GROSS (MK) NET PAY (MK) 550,000.00 50,000.00 380,050.00 45,000.00 10,500.00 5,737.92 14,350.00 45,000.00 13,000.00 28,000.00 112,500.00 TOTAL 654,137.92 - Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 6 He then stated that in three months July 2008 to September 2008, the Appellant Jost 3 x 654,137.92 translating to MK 1,962,413.76. He went further to state that the Appellant accepted a job from 1st October 2008 with Business Advertising Agency on the following terms: (a) Basic salary ofMK120,000.00 per month. (b) 30% of the basic salary as monthly housing allowance. ( c) A company car for both business and private use. (d) 120 litres of fuel per month. (e) Full Medical Insurance cover (MASM VIP) for member, spouse and four children. (f) One night security guard . (g) Water and electricity bills paid for. He stated that the Appellant must therefore be taken to have mitigated his monthly loss ofMK.654, 137.92, downwards as follows: ITEM BAA (MK) BP&P(MK) MITIGATE LOSS (MK) Salary Housing Medical 120,000 .00 380,050.00 260,050.00 36,000.00 45,000.00 9,000.00 Full cover 10,500.00 Nil Club membership Nil Fuel 24, 108.00 Motor vehicle Provided Security Cellphone Provided 15,000.00 5,737.92 14,350.00 45,000.00 13,000.00 28,000.00 5,737.92 Nil Nil Nil 13,000.00 School fees Nil 112,500.00 112,500.00 TOTAL MONTHLY MITIGATED LOSS 400,287.92 - Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 7 He stated that the loss for the months of October and November 2008 was MK800,575.84. He further stated that the Appellant's pay slip for the months of December 2008 and December 2009 exhibited as "L WB 10" and Appellant's sa lary had been adjusted and that his monthly Joss be adjusted correspondingly as follows: ITEM BAA (MK) BP&P(MK) MITIGATED 154,000.00 380,050.00 226,050.00 LOSS (MK) Salary Housing Medical 40,200.00 Full cover Club membership Nil Fuel 25,620.00 Motor vehicle Provided Security Cellphone Provided 15,000.00 45,000.00 10,500.00 5,737.92 14,350.00 45,000.00 13,000.00 28,000.00 Nil Nil 5,737.92 Nil Nil Nil 13,000.00 School fees Nil 112,500.00 112,500.00 TOTAL MONTHLY MITIGATED LOSS 357,287.92 He stated that the Appellant's Joss for the period running from pt April 2009 to August 2010 was MK446,044.64. He stated that the Appellant's gratuity for the remaining Twenty Six (26) months has been calculated to MK2,502,500.00. He then concluded that the total compensation payable to the Appellant will be as follows: ITEM Gratuity AMOUNT(MK) 2,502,500.00 Loss from July 2008 to September 2008 1,962,413.76 Total mitigated loss from October 2008 to 2,675,772.16 August 2010 TOTAL PAYABLE 7,140,685.92 • In cross examination he stated that the Appellant's net pay after tax deductions should be MK387,550.00 and not MK380,050.00 per month. He further stated that the Appellant was entitled to MK60,000.00 per month as rental and that the Appellant is entitled to an equivalent of 200US Dollars per month as Airtime. He also stated that Managers that were in the same grade with the Appellant were all using 4x4 Double - Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 8 Cabins but the Appellant only was using the Jetta. He stated that this was one of the issues that gave rise to the dispute between the Appellant and the Respondent. He told the Court that it was management that was to determine the kind of motor vehicle that the Appellant was to use. He stated that in respect of the claim for fuel the Judgment had provided that the Appellant be given benefits for Twenty Six (26) months. He also stated that when the company calculated terminal benefits for three (3) months for the Appellant they calculated at 250 litres per month without having to consider only weekends. He also stated that on L WB 11 the benefits from Business Advertising Agency show that the Appellant was being paid MK.15 ,000 .00 car allowance for using his own motor vehicle. On housing he stated that in respect of business Advertising Agency he had used MK36,000.00 which was gross unlike for Blantyre Print where he was using net to make the calculations. On security RPI he stated that in the lower Court the Appellant had given evidence that at Business Adve11ising Agency he was getting an allowance for a guard in the sum of MK8,000.00 whilst at Blantyre Print the allowance for a guard was MK13,000 .00 which meant that there was still a loss of MKS,000.00 per month on security. On cellphone RPI he stated that the Appellant was entitled to the equivalent 200 US Dollars per month and that since payment will have to be made now, it will be the current equivalent of USD 200. The second witness for the respondent was Victor Katimba an Accountant with the Respondent company. He testified that on 26th July 2018 he conducted a search at the Registrar General's Department in Blantyre regarding the registration of Silver Line Car Hire. He stated that the search yielded two sets of results. The first result showed that Silver Line Car Hire was registered as a business name by Phillomina Lemani on 18th January 2011 and further that Silver Line Car Hire Limited was registered as a company on 24th September 2010. He stated that therefore Silver Line Car Hire was not in existence in 2008 . In cross examination RP2 stated that he did not get any official documents on the search from the Registrar of companies. He stated that Mr Lemani may have been asked to find out the rates of hiring even though Silver Line Car Hire was not in existence in 2008 . - THE LAW The assessment of compensation presupposes that damage has been proved and that the only matter remaining is ascertainment of the amount or value of the damages . In this regard Mwaungulu J, (as he then was) stated in Magola v Press Corporation Limited regarding assessment of compensation in employment matters that 'the assessment of the award bases on the employee's loss ' . Thus it is the loss to the employee that is to be compensated. Therefore the first task of the assessing court is to ascertain the loss by receiving evidence proving the loss: See Blantyre Newspapers Limited v Charles Simango. Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 9 ANALYSIS I must begin by re-iterating that this cou1t has been called upon to assess the basic salary, housing allowance, car use, fuel allowance, cellphone allowance, club membership, security, medical aid insurance, education allowance, and gratuity payable to the Appellant. I took note that the entitlements stretch over a period of 26 months and the Appellant had found another employment after his stint with the respondent company which essentially meant that his losses were somehow mitigated. That aside, upon hearing the pa1ties, it became clear that they did not agree on various items. I shall go through them one by one. 1. HOUSE ALLOWANCE The appellant is claiming a house allowance of up to K60,000.00 per month. It is not in dispute that he was provided with a company leased house and this was his own house No. MC 201 in the city of Blantyre. The house had been valued at a rental ofK50,000.00 per month following a valuation by Messrs Landed and Property Agents on the 26111 of September 2007. Apparently, the respondent is relying on the valuation so that this assessment pegs the monthly allowance at K50,000.00. They argue that the Appellant positively identified the fee note for valuation services which was addressed to him with a file note instructing the Respondent's Group Finance and Administration Manager to settle the fee note and recover the same from the rentals payable to the Appellant. It is worth noting however that according to the Appellant's employment contract exhibit MCl, his maximum limit for housing allowance was K60,000.00. This colllt is aware that the K60 ,000.00 was the maximum entitlement and there is no evidence that when he was being paid K50 ,000 .00, he was also being paid the difference. All the same, this court agrees with the Appellant that the rentals would not have remained the same for the 26 months. 1 believe it is only fair that the assessment be based on K60,000.00 2. CAR USE - On this regard, the Appellant is claiming that he was entitled to a double cab and that the rate of hiring a 4x4 motor vehicle at the time was not Kl,500.00 per day. The Respondent argues that the Appellant did not adduce any evidence to support this assertion despite making numerous references to the Group Car Policy as evidence of this entitlement. The Respondent averred that it had determined the Appellant's loss of use of the VW Jetta saloon at K 1, 500 .00 per day having considered applicable hire rates and HR practices at the time. Mr. Chikadya even exhibited calculations for loss of use of motor vehicle for the Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 10 Respondent's two ex-employees in which the rate used was Kl ,500.00 whose employment was terminated around the same time as the Appellants. The Appellant insisted that the Cou11 had ordered that assessment of compensation be made in accordance with the offer letter and therefore the sum of MKI 1,500.00 per day which was the amount of hiring a motor vehicle in the year 2008 be used . The Appellant' s witness the Managing Director of Silver Line Car Hire stated that in the year 2008 the rate for hiring a 4x4 Double Cab was MKS,000.00 per day, MK3,500 .00 insurance and MK80 per kilometer. He tendered in evidence a document on the rates as "GLl." This court went back to the Appellant's contract of employment. Paragraph 7 of the same provides as follows : You will be provided with a motor vehicle of such class as may be determined from time to time and in accordance with and subject to Group Company Policy as amended from time to time. A copy of the Car Policy will be given to you. I must state here that neither of the parties produced the said Group Company Policy. As it is the issue of a 4 x 4 double cabin remains speculat'ive. I shall exercise the doubt on this regard in favour of the paying party and base the entitlement on K 1,500.00 per day. 3. F UELALLOWANCE The contract of employment indicates that the Appellant was entitled to a monthly allocation of 250 litres for both business and private use. The Appellant moves the court to assess the fuel allocation on the basis that he made a loss on both business and private use. The Appellant wishes to rely on the following authorities : Mercy Mathanga -vs- FDH Bank Limited Civil Appeal No. 7 of 2017, the Court awarded the Appellant among others, car all owance, fuel allowance, car maintenance allowance and car scheme allowance without any deductions to reflect loss for weekends only. - Betty Saiwala -vs- Blantyre Print and Publishing Matter No. IRC PR 242 of 2005 where the Applicant had among other benefits 160 litres of fuel per month and the Court awarded her all the 160 litres per month without any deductions. This Judgment was made against the same Respondent. Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 11 Edgar Kachere -vs- Parliamentary Service Commission Matter No. IRC PR 13 of 2014 where the Applicant claimed for use of motor vehicle at a rate of MKS0,000 .00 per day and the Court awarded the same amount without any deductions as the Applicant held the vehicle on person to holder basis. On the other hand, the respondent argues vehemently that the Appellant only made a loss on private use which in essence is two days of the week which are Saturday and Sunday. It is contended that this approach assumes that business use of the car and fuel relates to the Appellant's use of the car within the working hours which the contract of employment defined as Mondays to Fridays. I was of the view that the argument does make perfect sense however this court is still inclined to follow the trend as set in the authorities cited above . Fuel allowance will be assessed at 250 litres per month irrespective of work days or weekends. 4. CELL PHONE ALLOFVANCE In respect of cell phone allowance, the contract of employment provides that the Appellant would be entitled to a monthly allowance of 200USD. The Appellant told the court that the amount of K29,960 .00 claimed was the Malawi Kwacha equivalent of his monthly entitlement of US$200 worth of airtime. However, during cross-examination the Appellant conceded that the US Dollar rate to the Kwacha was Kl40 .00 at the time and that his cellphone allowance was K28 ,000.00 and not K29,690.00 as claimed in his witness statement. Therefore cellphone allowance be assessed at MK.28,000 .00 per month. 5. SECURITY On this regard, the contract of employment provides that Appellant was entitled to one night guard at his house. The Respondent argues that when the Appellant secured alternative employment with Business Advertising Agency, he was being given an allowance for security at MK.8,000.00 per month. However in Blantyre Print and Publishing he was being given MK13 ,000 .00 per month. The Respondent argues that there was no loss. Their reasoning is that security was provided by Business Advertising Agency and therefore the loss had disappeared . However, upon hearing the parties it appears the Appellant was just being given night guard allowance of MK8,000.00 per month and not that they were paying for security as was the case in the Respondent company where the service was at MKl 3,000.00 . Somehow, the Appellant had suffered a loss from MK13 ,000.00 to MK8 ,000.00 ofMKS ,000 .00 per month . - ....... Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 12 6. CLUB MEMBERSHIP On the issue of club membership, the Appellant stated that according to his application for club membership at Blantyre Sports Club, he was in the silver category of membership at the cost of K68 ,855.00 per year translating to K5 ,737.92 per month. This court shall adopt the same. All in all, the calculations without mitigation must be as follows: ITEM Salary Housing allowance LOSS REVENUE PER TOTAL REVENUE FOR 26 MONTH MK550,000 .00 MK 60,000.00 MONTHS (MK) 10,076,300.00 (Net of Tax) 1,404,000.00 (Net of Tax 10%) Gratuity Medical Fuel @ 250 litres per month Motor vehicle at MK] ,500 per day Security Cellphone School fees allowance Club membership Ho! iday/leave MK137,500 .00 MK 10,500.00 MK 53,375 .00 MI<.45 ,000 .00 MK13 ,000.00 MK28,000.00 MKl 12,500.00 MK 5,737.92 MK 52,000.00 5,575,000.00 273,000.00 1,387,750.00 1,170,000.00 338,000.00 728,000.00 2,925,000.00 149,185.92 1,352,000.00 TOTAL MK25,378,235.92 MITIGATION The Appellant from January 2009 secured alternative employment with Business Advertising Agency and the mitigation was therefore as follows from the evidence in Court - J to arc anuary ITEM Salary 2009 M h 2009 VALUE/MONTH MK120,000.00 Housing allowance MK 36,000.00 MK 24, 108.00 Fuel MK 5,750 .00 Medical MK 8,000 .00 MK 15 ,000 .00 MK 5,833.30 MK 13,636.00 MK 15 ,000.00 Security Cellphone Club membership Holiday/ leave Motor vehicle - JANUARY 2009 TO MARCH 2009 MK360,000 .00 MK108,000.00 MK 72,324.00 MK 17,250,00 MK 24,000.00 MK 45,000.00 MK 17,499.90 MK 40,908.00 MK 45,000.00 Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 13 I TOTAL MITIGATION I MK729,981.90 APRIL 2009 TO AUGUST 2010 ITEM VALUE/MONTH APRIL 2009 TO AUGUST 2010 (17 Salary Housin g Medica l Security MK154,000 .00 MK 46,200.00 MK 5, 750 .00 MK 8,000 .00 Motor vehicle MK 15,000.00 Cellphone MK 15,000 .00 C lub membership MK 5,833.30 Housing/leave MK 13 ,636 .00 F uel MK 24,108 .00 MONTHS) 2,618,000.00 785 ,400.00 97,750.00 136,000 .00 255 ,000 .00 255 ,000 .00 99, 166.10 231,812.00 409,836.00 TOTAL MITIGATION FOR 17 MONTHS - APRIL 2009 TO AUGUST 2010 MK4,887 ,964.10 TOTAL MITIGATION MK 729,981.90 + MK4,887,964.10 MKS,617,946.10 TOTAL BENEFITS MK25,378,235.92 LESS TOTAL MITIGATION MK 5,617,946.10 AMOUNT TO BE AWARDED MK19,760,289.82 In addition, the Appe llant has argued that according to the practice in Labour matters, when a Court is con sidering an award for compensation, it has di screti on to consider boosting the award. The outstanding payment is for 26 months that is, from July 2008 to August 2010 less mitigated loss from 1st October 2008 to August 2010 when the A ppellant secured a less paying job with the Agency. The assessment is being down now in the year 2018. I have reason to believe that the local currency has since devalued and the Court bas discretion to award interest to cater for devaluation and inflation, see Chawani V Attorney Mas ankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 14 General [MSCA Civil Appeal Nol8 /2000 (unrepo1ied)J. In this case the Court awards 10% of the total award to cater for devaluation. In view of the foregoing, I award the Appellant K21, 736, 318. 80. th DAY OF OCTOBER 2018 WYSON - Masankho Chingoli v Blantyre Print and Publishing Company Limited Civil Cause No. 15 of 2014 Page 15