INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 72 OF 2003
C C A P SYNOD OF
- CORAM: R. Zibelu
of Counsel for Respondent
Namponya; Court Clerk
Justification-Reason-Shortage-Failure to account-Procedure-Right to
be heard-Unsatisfactory explanation for shortage.
hearing the applicant the court finds that the applicant failed to
account for MK308 429-68 being cash under his custody. The
was uncovered through an audit of the books of accounts under the
applicants responsibility and custody. This incapacity
held in this court to constitute valid reason for termination of
employment: Ulaya V SDV (AMI) Mw Ltd
[Matter Number IRC 133 of 2001
applicant was given an opportunity to explain the shortfall. The
applicants explanation was not satisfactory and he could
produce the MK308 429-68.
court finds that the respondent had valid reason for dismissal and
they complied with the law by affording the applicant the
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.
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.
in Open Court this 22nd
day of April 2005 at MZUZU.
- R Zibelu