IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 67 OF 2005
SINGINI................................. . . . APPLICANT
MALAWI REVENUE AUTHORITY . . ..RESPONDENT
CORAM: R. Zibelu Banda (Ms) Chairperson
Respondent, absent without excuse
Namponya; Official Interpreter
ORDER IN ASSESSMENT OF REMEDY
Remedies for unfair dismissal-Reinstatement-Section 63 Employment Act.
Failure to attend court-Postponement-Governed by law-Adjournment granted where reason is valid-Two lawyers attending seminar in Zomba no valid reason for postponing court proceedings.
On 8 September 2006 this court found that the respondent had unfairly terminated the services of the applicant. The court ordered that the matter should come for assessment of compensation. The applicant was confused as he had applied for reinstatement in his pleadings in IRC Form 1 and in his examination in chief. The matter was therefore set down today for assessment of reinstatement.
Reinstatement is the remedy of first consideration in cases of unfair dismissal. A court must consider first the remedy of reinstatement before considering any other remedy, section 63 of the Employment Act. In considering this remedy the wishes of the applicant are an important factor and so too the circumstances of the dismissal. A court must also consider whether the applicant contributed to his dismissal. All these factors taken into account, the court finds that there is nothing to prevent the applicant who was driver from going back to his original job.
The court orders that the applicant be reinstated in his original position as a Driver. The applicant must be paid his arrears in salary and other benefits from date of termination to this date. This order is with immediate effect.
Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this date. Appeal lies in matters of law or jurisdiction, see, section 65 (2) Labour Relations Act 1996.
Pronounced this 13th day of December 2006 at MZUZU.
Rachel Zibelu Banda