Court name
Industrial Relations Court
Case number
IRC Matter 326 of 2002

Kamangadazi v Chibuku Produts Ltd (IRC Matter 326 of 2002) [2006] MWIRC 132 (08 November 2006);

Law report citations
Media neutral citation
[2006] MWIRC 132

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