Khaki v Inde Bank (IRC 23 of 2003 ) (23 of 2003) [2006] MWIRC 2 (01 January 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 125 OF 2005


BETWEEN


KHAKI …………………………………………………………………… APPLICANT


-and-


INDE BANK …………………………………………………………… RESPONDENT



CORAM: R. ZIBELU BANDA (MS) – CHAIRPERSON
Applicant – Present
Respondent – Absent no Valid Excuse
Gowa – Official Interpreter


JUDGMENT


The issue in this case is that the applicant was dismissed on ground of redundancy.


The applicant was invited to meet the Chief Executive Officer where he also found Legal Counsel for the respondent. The applicant was there and then present with a letter of redundancy. This was the first time that the applicant was hearing that there was a restructuring process at the respondent’s company. This was also the first time that the applicant was invited as an individual to be informed about the said restructuring.


The Law


Madinga case, Chiume case, Mkandawire case. No criteria, no consultation, no proof of the redundancy. The termination was unfair.


Pronounced in Open Court this ………… day of ………………… 2006 at Blantyre





R.

R. Zibelu Banda (Ms)

CHAIRPERSON