IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 6 OF 2003
SAIDI ... APPLICANT
DWANGWA SUGAR CORPORATION Ltd . ..RESPONDENT
CORAM: Hon. R. Zibelu Banda (Ms) Chairperson
Mpakani Court Clerk
- Dismissal-Summary dismissal-Reason-Abscondment-Frivolous and vexatious application-Leave pay-earned and payable-repatriation-Not for abscondees.
Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant absconded from work. The applicant was able to show that he was ill and was on sick leave in certain circumstances but he could not explain other absences.
Abscondment from work is serious industrial misconduct entitling an employer to dismiss summarily, see section 59 of the Employment Act. Where an employee is dismissed summarily he is not entitled to notice pay or severance allowance.
However, the applicant was entitled to leave pay if he indeed did not go on leave that year. This annual leave is different from sick leave. The applicant must receive his leave pay for the accrued leave days within seven days of this order.
This action was frivolous, vexatious and an abuse of court process and is accordingly dismissed in as far as unfair dismissal is concerned. The applicant succeeds on leave pay but fails on repatriation as how could he have been repatriated if he could not be traced.
Pronounced in Open Court this 30th day of March 2005 at LILONGWE.
R Zibelu Banda (Ms.)