Chimwala v Peopole's Trading Centre Ltd (PTC) (IRC 259 of 2002 ) (259 of 2002) [2005] MWIRC 58 (21 September 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 259 OF 2002


BETWEEN


CHIMWALA………………………………… ……………...APPLICANT


-and-


PEOPLE’S TRADING CENTRE LIMITED (PTC)........RESPONDENT



CORAM: R. Zibelu Banda, Chairperson

Applicant; Present

Respondent; Mbendera Personnel Manager

Chinkudzu; Official Interpreter


JUDGMENT

Dismissal- Justification-Reason-Misconduct-Shortages-Procedure-Right to be heard.


Upon hearing the applicant and upon hearing the respondent, the court finds that the applicant flouted company procedure by incurring huge and unacceptable shortages and was of a generally bad character as evidenced by his failure to work harmoniously with fellow employees and his supervisor.


Incurring unacceptable amount of shortages without any proper explanation has been held to constitute fair reason for termination/ dismissal, see: Mbalangwe V People’s Trading Centre [Matter Number IRC 164/2001 (unreported)].


Failure to carry out lawful instructions from supervisors and quarrelsome conduct in the workplace has also been held to constitute valid reasons for dismissal; see, Ngalande V Blantyre Water Board [Matter Number IRC 150/2000 (unreported)].


The applicant was given an opportunity to explain his side and defend himself. The court finds that the respondent had valid reasons for dismissal, the main reason being incurring huge shortage and they complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: See, section 57 (1) and (2) of the Employment Act. Therefore this action on unfair dismissal is dismissed in its entirety.


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 21st day of September 2005 at LIMBE.



R Zibelu Banda (Ms.)

CHAIRPERSON.