Chapweteka v ADMARC (IRC 100 of 2005 ) (100 of 2005) [2006] MWIRC 116 (02 October 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 100 OF 2005


BETWEEN

CHAPWETEKA…………...……………………………… ……………...APPLICANT


-and-

ADMARC……………….……………………………………………….RESPONDENT


CORAM: R. Zibelu Banda (Ms), Chairperson

Applicant; Present

Nchembe; for Respondent

Gowa; Official Interpreter

JUDGMENT

Dismissal- Justification-Reason-Misconduct-Shortages-Procedure-Right to be heard.


Upon hearing the applicant, and upon hearing the respondent the court finds that the applicant flouted company procedure by incurring shortages which he was not able to explain. Incurring unacceptable shortages without any proper explanation has been held to constitute fair reason for termination/ dismissal, see: Mbalangwe V People’s Trading Centre [Matter Number IRC 164/2001 (unreported)], see also Chimwala V People’s Trading Centre [Matter Number IRC 259/2002 (unreported)].


The applicant was given an opportunity to explain his side and defend himself at a properly constituted disciplinary hearing. The court finds that the respondent had valid reason for dismissal, the main reason being incurring maize shortage. The applicant appealed and his appeal was considered frivolous as he had admitted the shortage at the hearing. The termination was summary dismissal therefore notice pay and severance allowance are not payable, section 59 and 35 of the Employment Act. The respondent complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: See, section 57 (1) and (2) of the Employment Act. Therefore 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.


Pronounced this 2nd day of October 2006 at BLANTYRE.


Rachel Zibelu Banda

CHAIRPERSON.


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