Kamangadazi v Chibuku Produts Ltd (IRC 326 of 2022 ) (326 of 2022) [2006] MWIRC 132 (09 November 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 326 OF 2002


BETWEEN


KAMANGADAZI………………………………………… ……………...APPLICANT


-and-

CHIBUKU PRODUCTS LIMITED….………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Chirwa; Personnel Officer for the Respondent
Applicant; present
Ngalauka; Official Interpreter


JUDGMENT

Dismissal- Reason-Misconduct-Negligence- Right to be heard-Disciplinary hearing.


Upon hearing the applicant and the respondent the court finds that the applicant failed to carry out his duties efficiently by neglecting to check and verify batch numbers on brew. The applicant was a brewer who was responsible for recording any brew after a shift. On the material day the applicant recorded a wrong reduced number instead of a higher figure prompting the respondent to institute an investigation. The applicant was called for a hearing. The hearing constituted members of management and a trade union.


Negligence 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.


The 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 Act.


Pronounced this 9th day of November 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON