Ngoma v CCAP Synod of Livingstonia (IRC 72 of 2003 ) ( of ) [2005] MWIRC 37 (22 April 2005);

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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.