Chimowa v Chipangula (IRC 292 of 2055 ) (292 of 2055) [2006] MWIRC 207 (26 June 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 292 OF 2005


BETWEEN


CHIMOWA…………………….……........…………............................APPLICANT


-and-


CHIPANGULA…………………...…..……………………………RESPONDENT



CORAM: Rachel Zibelu Banda, Chairperson
Respondent; present
Applicant; present
Chinkudzu; Official Interpreter


JUDGMENT

Termination-Contract of employment-Forms of termination- Unilateral at instance of employee-Constructive dismissal--Employee to show that the terms and conditions were so unreasonable that employment relationship could not continue-Reduction in wages to avoid retrenchment- Not reasonable demand.


Upon hearing the applicant and upon hearing the respondent; it is hereby found that the applicant refused an offer of less wages in order to accommodate more employees and prevent retrenchment. The applicant upon such refusal absconded from work only to re-appear with demands which the respondent could not accommodate. The applicant was advised that the wages could not be raised and he was at liberty to accept the terms and continue in employment or terminate employment which the applicant did.


This was a termination at the instance of the employee therefore he can not be heard to be claiming unfair dismissal. It was not even constructive dismissal as the conditions for constructive dismissal were not satisfied since the applicant left employment because his demands could not be met as they were unreasonable under the circumstances of the case. He had the choice to stay or to seek better wages elsewhere, he chose the later. This action is accordingly dismissed in its entirety.


Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this judgment.


Pronounced this 26th day of June 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON