Lungu v Maleza (IRC 67 of 20033 ) (67 of 20033) [2005] MWIRC 45 (01 June 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 367 OF 2003


BETWEEN


LUNGU…………...………………………………………… APPLICANT


AND


MALEZA……….……………………….......…….……..RESPONDENT



CORAM: Hon. R. Zibelu Banda (Ms) Chairperson

Applicant; present

Respondent; Mfune, Executive Director

Mpakani; Court Clerk


JUDGMENT

Dismissal-Reason-Dishonesty-Theft-Procedure-Warnings-Right to be heard- Frivolous and vexatious application.


Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant was of dishonest character. The applicant was on several occasions warned for misconduct relating to theft. Each time the applicant got a warning, he was asked to explain his side. After three warning letters and several verbal warnings, the applicant was dismissed. Before dismissal the applicant was asked to explain his side and defend himself.


The Law

Dishonesty is serious industrial misconduct entitling an employer to dismiss summarily, because it is conduct that is inconsistent with the fulfillment of the express or implied conditions of contract of employment such that it would be unreasonable to require the respondent to continue the employment relationship, see section 59 of the Employment Act, and also see Ibrahim V Suncrest Creameries Ltd [Matter Number IRC 73 of 2003 (unreported). The respondent had valid reason to dismiss the applicant.


This action was frivolous, vexatious and an abuse of court process and is accordingly dismissed in its entirety. Any party not satisfied with this decision is at liberty to appeal to the High Court in accordance with section 65 (2) of the Labour Relations Act within 30 days of this judgment.



Pronounced in Open Court this 1st day of June 2005 at Lilongwe.



R Zibelu Banda (Ms.)

CHAIRPERSON.