Chirambo v Southern Bottlers Ltd (IRC 14 of 2003 ) (14 of 2003) [2005] MWIRC 30 (21 April 2005);

Share
Download: 

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


MZUZU REGISTRY


MATTER NO. IRC 14 OF 2003


BETWEEN


CHIRAMBO.……………………………………………… ……………...APPLICANT


-and-


SOUTHERN BOTTLERS LIMITED…………………..……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Phiri; for the Respondent
Applicant; present
Bondo; Court Clerk

ORDER

Dismissal- Justification-Reason-Miconduct-Flouting company procedure-Carrying unauthorized passengers-Procedure-Right to be heard.


Upon hearing the applicant the court finds that the applicant flouted company procedure by carrying unauthorized passengers in company vehicle. This misconduct has been held in this court to constitute valid ground for dismissal, see Nzangaya V Unitrans Malawi Ltd [Matter Number IRC 32 of 2003 (unreported).

The applicant was given an opportunity to explain his side and defend himself. The court finds that the respondent had valid reason for dismissal and they complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: Section 57 (1) and (2) of the Employment Act. Therefore this action on unfair dismissal is dismissed in its entirety.

Any party aggrieved by this decision has the right of appeal to the High Court within 30 days of this decision. Appeal lies only on matters of law and jurisdiction and not facts: Section 65 (2) of the Labour Relations Act.

Pronounced in Open Court this 21st day of April 2005 at MZUZU.



R Zibelu Banda (Ms.)

CHAIRPERSON.