IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 265 OF 2004
BESTOBELL (MW) LTD . RESPONDENT
- CORAM: R. ZIBELU BANDA (MS) CHAIRPERSON
- Applicant; Present
- Respondent; Absent no Excuse
- Gowa; Official Interpreter
ORDER IN ASSESSMENT
Unfair dismissal-Substantive and procedural violation-Remedy-Section 63-Employment Act-Reinstatement-Court to consider reinstatement.
The court found that the termination in this case was unfair on both substance and procedure because it did not comply with section 57 of the Employment Act. The applicant was dismissed without a hearing while he was admitted in hospital. The matter was set down for assessment of remedy. The respondent did not attend the assessment and no reason was given for failure to attend. The matter proceeded to hearing on the strength of section 74 of the Labour Relations Act.
The applicant prayed for the order of reinstatement because he could not secure alternative employment. Reinstatement is the remedy of first consideration in cases of unfair dismissal. A court must consider first the remedy of reinstatement before considering any other remedy, section 63 of the Employment Act.
The court orders that the applicant be reinstated in his original position as a Security Guard. The applicant must be paid his arrears in salary from date of termination on 30 September 2004 to date of this order. This order is with immediate effect.
Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this order.
Pronounced this 9th day of August 2006 at Blantyre.
Rachel Zibelu Banda