Nyireda v BP Malawi Limited (IRC 141 of 2003) (141 of 2003) [2006] MWIRC 138 (06 December 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 141 OF 2003


BETWEEN


NYIRENDA...……………………………………………… ……………...APPLICANT

-and-

BP MALAWI LIMITED………………………………..……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Katundu of Counsel for the Respondent
Applicant; present
Chinkudzu; Official Interpreter

ORDER

Dismissal- Justification-Reason-Misconduct-Flouting company procedure-Interfering with Tachograph-Disregard of offloading procedures and gross insubordination-Procedure-Right to be heard.


Upon hearing the applicant and upon hearing the respondent; the court finds that the applicant flouted company procedure by interfering with the Tachograph on the vehicle he was driving on duty; disregard of offloading procedures and insubordination where the applicant failed to cooperate with his superiors when asked to explain the misconduct stated above. Flouting company procedures has been held in this court to constitute valid ground for dismissal, see Nzangaya V Unitrans Malawi Ltd [Matter Number IRC 32 of 2003 (unreported).


The applicant was given an opportunity to explain his side and defend himself. The court finds that the respondent had valid reason for dismissing the applicant and they complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: Section 57 (1) and (2) of the Employment Act. Therefore this action on unfair dismissal 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 in Open Court this 6th day of December 2005 at BLANTYRE.



R Zibelu Banda (Ms.)

CHAIRPERSON.