Mhango v Malawi Net Ltd (IRC 109 f 20055 ) (NULL) [2006] MWIRC 102 (02 August 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 109 OF 2005


BETWEEN


MHANGO…..…...……………...………………………………………… APPLICANT


AND


MALAWI NET LTD…….…………………………….......…….……..RESPONDENT



CORAM: R. Zibelu Banda (Ms) Chairperson

Mumba; of Counsel for the Applicant

Ngwira; of Counsel for the Respondent

Ngalauka; Court Clerk


JUDGMENT

Dismissal-Reason-Abscondment-Procedure-Hearing-Defence-Illness-Proof-Medical certificate-Warnings-Previous warnings-Support termination.


Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant absconded from work. The applicant did not report for duties without authority. When asked she said she had gone to the hospital. When asked to produce a medical certificate she produced an invoice without even an indication that she had been given sick leave by a medical practitioner. The applicant had several previous warnings regarding bad attitude to work generally. Un authorized absenteeism is a sign of a person with bad attitude to work.


Abscondment from work is serious industrial misconduct entitling an employer to dismiss summarily, see section 59 of the Employment Act. Where an employee absconds from work the respondent can not be held liable for unfair dismissal.


This action is therefore dismissed in its entirety. Any aggrieved party is at liberty to appeal to the High Court within 30 days of this judgment.


Pronounced this 2nd day of August 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIPERSON.