Court name
Industrial Relations Court
Case number
IRC Matter 72 of 2003

Ngoma v CCAP Synod of Livingstonia (IRC Matter 72 of 2003) [2005] MWIRC 37 (21 April 2005);

Law report citations
Media neutral citation
[2005] MWIRC 37

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




MZUZU
REGISTRY




MATTER
NO. IRC 72 OF 2003




BETWEEN




NGOMA…………………………
…………….......................APPLICANT






-and-



C C A P SYNOD OF
LIVINGSTONIA…………………………...……………..RESPONDENT







CORAM: R. Zibelu
Banda, Chairperson

Chirwa;
of Counsel for
Respondent

Applicant; present

Namponya; Court Clerk




ORDER


Dismissal-
Justification-Reason-Shortage-Failure to account-Procedure-Right to
be heard-Unsatisfactory explanation for shortage.




Upon
hearing the applicant the court finds that the applicant failed to
account for MK308 429-68 being cash under his custody. The
shortfall
was uncovered through an audit of the books of accounts under the
applicant’s responsibility and custody. This incapacity
has been
held in this court to constitute valid reason for termination of
employment:
Ulaya V SDV (AMI) Mw Ltd
[Matter Number IRC 133 of 2001
(unreported)].




The
applicant was given an opportunity to explain the shortfall. The
applicant’s explanation was not satisfactory and he could
not
produce the MK308 429-68.




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: Sections 31
and 43 of the Constitution. 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 1996.








Pronounced
in Open Court
this 22nd
day of April 2005 at
MZUZU.











R Zibelu
Banda (Ms.)






CHAIRPERSON.