Ngulebe v Malawi Pharmacies Ltd (IRC 78 of 2003 ) (78 of 2003) [2005] MWIRC 39 (25 April 2005);

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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.