IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 465 OF 2002
- MANGANI ....APPLICANT
- CORAM: R. Zibelu Banda, Chairperson
- Applicant: Present
- For the Respondent: Eneya; Assistant Branch Manager
- Chinkudzu: Official Interpreter
- Dismissal-Justification-Reason-Misconduct-Unlawful use of motor vehicle-Careless Driving-Procedure-Hearing-Administrative remedy-Demotion-Failure to comply with order-Insubordination-Absenteeism
Upon hearing both the applicant and the respondent in this matter the court found that the applicant had allegedly committed some acts of misconduct namely: Unlawful use of motor vehicle and careless driving. The applicant was invited to a hearing where after stating his side and assessing the circumstances of the case, management took an administrative action that eventually led to the applicants demotion. The applicant did not report back for duties to take up the new position instead he complained against the demotion.
The court finds that the applicant was obliged to take up the new position considering that he allegedly committee some acts of misconduct. The applicant should have appealed against the demotion but after taking up the work. However the applicant stayed home and this was abscondment as the respondent had no way of knowing whether or not the applicant was interested in the job.
Insubordination and absenteeism are both serious acts of misconduct warranting dismissal. See the cases of Banda V Tobacco Processors Ltd [Matter Number IRC 1/2001 (unreported) and Zefania V National Bank of Malawi [Matter Number IRC 216/2003 (unreported). Further careless driving is a valid reason for termination of contract, see Banda V Unitrans (Mw) Ltd [Matter Number IRC 26/2002 (unreported).
The court finds that the respondent had a valid reason for termination and they complied with the law before taking any administrative action against the applicant. This action 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 1996.
Pronounced in Open Court this 18th day of November 2005 at CHIKWAWA
R. Zibelu Banda Ms.