Court name
Industrial Relations Court
Case number
IRC Matter 67 of 2005

Singini v Malawi Revenue Authority (IRC Matter 67 of 2005) [2006] MWIRC 142 (12 December 2006);

Law report citations
Media neutral citation
[2006] MWIRC 142

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




MZUZU
REGISTRY




MATTER
NO. IRC 67 OF 2005




BETWEEN




SINGINI.................................………………….….………………………………………….
APPLICANT




AND




MALAWI REVENUE AUTHORITY…
………………….………….…………………..RESPONDENT






CORAM: R.
Zibelu Banda (Ms) Chairperson


Applicant;
present


Respondent, absent
without excuse


Namponya; Official
Interpreter




ORDER IN ASSESSMENT OF REMEDY



  1. Remedies
    for unfair dismissal-Reinstatement-Section 63 Employment Act.


  2. 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.




Background


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.




ORDER


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


CHAIRPERSON.











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