Mumba v Dziko Building Co (IRC 61 of 2002 ) (61 of 2002) [2006] MWIRC 113 (19 September 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


CHIKWAWA REGISTRY


MATTER NO. IRC 61 OF 2006


BETWEEN

MUMBA.………...……………...………………………………………… APPLICANT

AND

DZIKO BUILDING CO……….……………………….......…….……..RESPONDENT


CORAM: R Zibelu Banda (Ms) Chairperson

Chinangwa (Mrs); Registrar

Applicant; present

Respondent; Limbe, Managing Director

Ngalauka; Official Interpreter


ORDER

Dismissal-Summary dismissal-Reason-Abscondment- -Notice pay- Long service pay-Leave pay- Tax refunds-Over time-Reference-When payable-Not in cases of abscondment- Frivolous and vexatious application.


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 was absent from duties without permission for a total of 38 days in just a year’s service. The applicant forfeited his leave days because he gave himself leave without permission and he could not claim leave pay when he actually went on leave. The applicant did not prove his claim for overtime because it was shown that his overtime was calculated and added to his monthly salary. The applicant could not receive notice pay and severance allowance because he was summarily dismissed, see sections 59 and 35 of the Employment Act. There is no legal basis for claiming tax refunds. The respondent is willing to provide reference.


Abscondment from work is serious industrial misconduct entitling an employer to dismiss summarily, see section 59 of the Employment Act, see also Chaima V Gray Security Services [Matter Number IRC47 of 2002 (unrepored)].


This action was frivolous, vexatious and an abuse of court process and is accordingly dismissed in its entirety. Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this judgment.


Pronounced this 19th day of September 2006 at BLANTYRE.


Rachel Zibelu Banda

CHAIPERSON.