INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 326 OF 2002
CHIBUKU PRODUCTS LIMITED
- CORAM: R. Zibelu
Officer for the Respondent
Reason-Misconduct-Negligence- Right to be heard-Disciplinary hearing.
hearing the applicant and the respondent the court finds that the
applicant failed to carry out his duties efficiently by neglecting
check and verify batch numbers on brew. The applicant was a brewer
who was responsible for recording any brew after a shift.
material day the applicant recorded a wrong reduced number instead of
a higher figure prompting the respondent to institute
investigation. The applicant was called for a hearing. The hearing
constituted members of management and a trade union.
is a valid ground for dismissal; see Musama V Southern Bottlers
Ltd [Matter Number IRC 16/2002 (unreported)]. The respondent
complied with section 57 (1) of the Employment Act.
applicant admitted appearing before a disciplinary hearing to state
his case. The respondent complied with the law on fair dismissal:
Section 57 (2) of the Employment Act. This action is therefore
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
this 9th day of November 2006 at BLANTYRE.