Jere v Banja La Mtsogolo (IRC 253 of 2003 ) (253 of 2003) [2005] MWIRC 54 (15 September 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 253 OF 2003


BETWEEN


KACHIKA JERE………………………………………… ……………...APPLICANT


-and-


BANJA LA MTSOGOLO …………..…………………..……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Nkuna; of Counsel for the applicant
Kanyenda; of Counsel for the respondent
Chinkududzu; Official Interpreter

JUDGMENT

Dismissal- Justification-Reason-Miconduct-Flouting company procedure-Conducting unauthorized activities-Procedure-Right to be heard.


Upon hearing the applicant and the respondent; the court finds that the applicant flouted company procedure by carrying unauthorized activities namely; deleting important information from the computer without proper justification and authority. According to the case of------------------this is misconduct because----------------------------The respondent informed court that the information that was deleted was in fact very crucial as it related to the respondent’s finances.

The applicant was given an opportunity to explain her side and defend herself. 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 herself before she was dismissed: Section 57 (1) and (2) of the Employment Act. Therefore this action on unfair dismissal is dismissed in its entirety.

The applicant claimed for cellphone allowances during the period she was on suspension. The respondent informed court that cellphone was for actual official use while carrying out official duties and not for private use when the employee is not in active employment and carrying out respondent’s functions. In this case the applicant was on suspension and therefore she could not be expected to carry out functions for the respondent during this time. The claim for cellphone allowance was not justified in relation to the respondent’s operations nor was it proved on a balance of probabilities that it was to be used by the applicant for both official and private use. It is dismissed.

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.

Pronounced in Open Court this 15th day of September 2005 at Limbe.



R Zibelu Banda (Ms.)

CHAIRPERSON.