Zamoya v Malawi Telecommunications Ltd (IRC 33 of 20055 ) (33 of 20055) [2006] MWIRC 115 (20 September 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. 363 OF 2005


BETWEEN




ZAMOYA…….. ………………………………………………………….. APPLICANT


-and-


MALAWI TELECOMMUNICATIONS LTD………………………. RESPONDENT


CORAM: R Zibelu Banda, Chairperson
Kamkwasi of Counsel for the Applicant
Malijani of Counsel for the Respondent
Gowa; Official Interpreter


ORDER TO RESTORE BENEFIT


Upon hearing Counsel for the Applicant and the applicant and upon hearing Counsel for the Respondent and his witness the court orders that the applicant should have his terminal benefits paid and these include notice, severance allowance, employer’s part of the pension contributions and any other benefits for the notice period. This order is made pursuant to general powers of this court to make any order as it deems fit under Rule 25(2) as read with Rule 25(1) of the Industrial Relations Court procedure Rules.


The applicant was found guilty of misconduct but the process of determining culpability was not fair and that the matter was not properly investigated. There was a suspicion which would lead to dismissal but because it was not proved even on a balance of probabilities, the respondent was not justified to dismiss the applicant summarily. The only valid reason for termination of the service in this case was loss of trust and confidence in the applicant due to the circumstances leading to some fraudulent activities in his jurisdiction. This reason was therefore not valid to forfeit terminal benefits through a summary dismissal.


The restoration of the benefits 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 20th day of September 2006 at Blantyre


Rachel Zibelu Banda

CHAIRPERSON