Court name
Industrial Relations Court
Case number
IRC Matter 78 of 2003

Ngulebe v Malawi Pharmacies Ltd (IRC Matter 78 of 2003) [2005] MWIRC 39 (24 April 2005);

Law report citations
Media neutral citation
[2005] MWIRC 39

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




MZUZU
REGISTRY




MATTER
NO. IRC 78 OF 2003




BETWEEN




NGULUBE……………………………………
……………...APPLICANT






-and-




MALAWI PHARMACIES LIMITED…... ……………..RESPONDENT







CORAM: R. Zibelu
Banda, Chairperson

Respondent;
absent without excuse

Applicant; present

Bondo; Official
interpreter






ORDER


Dismissal-
Reason-Misconduct-Stock shortage- Failure to account-Procedure- Right
to be heard-Disciplinary hearing.




Upon
hearing the applicant the court finds that the applicant failed to
account for company property in the form of some stock in
his
custody. This kind of misconduct has been held to constitute valid
ground for dismissal:
Ulaya V SDV (AMI) Mw
Ltd
[Matter Number IRC 133 of 2001
(unreported)]. The respondent had valid reason for dismissal.




The
applicant admitted appearing before a disciplinary hearing to state
his case. The applicant also submitted a written report
to the
respondent explaining the shortage. The respondent complied with the
law on fair dismissal: Sections 31 and 43 of the Constitution.
This
dismissal was therefore fair.




Repatriation:
The respondent is ordered to pay the
applicant repatriation costs to either the place of recruitment or to
the applicant’s permanent
home, whichever is nearer:
Liquidator,
Import and Export (Mw) Ltd V Kankhwangwa and others

[Civil Appeal Number 52 of 2003 (unreported)].




Over
Time Pay:
The applicant sought to claim over
time pay but he could not show to court how much was owed to him. The
law demands that he who
pleads must prove, in the absence of any
proof, the court cannot make any award. The applicant is at liberty
to institute fresh
pleadings on over time.




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 25th
day of April 2005 at
MZUZU.






R Zibelu
Banda (Ms.)


CHAIRPERSON.