Mbozananai v Shire Bus Lines (IRC 37 of 20044 ) (37 of 20044) [2006] MWIRC 208 (26 June 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 307 OF 2004


BETWEEN


MBOZANANI……………...……………………………… ……………...APPLICANT


-and-


SHIRE BUS LINES LTD……………………………………………….RESPONDENT



CORAM: R. Zibelu Banda (Ms), Chairperson

Applicant; Present

Respondent; Absent without excuse

Chinkudzu; Official Interpreter

JUDGMENT

Dismissal- Justification-Reason-Misconduct-Shortages-Procedure-Right to be heard.


Upon hearing the applicant, the court finds that the applicant flouted company procedure by incurring fuel shortages which he was not able to explain.


Incurring unacceptable shortages without any proper explanation has been held to constitute fair reason for termination/ dismissal, see: Mbalangwe V People’s Trading Centre [Matter Number IRC 164/2001 (unreported)], see also Chimwala V People’s Trading Centre [Matter Number IRC 259/2002 (unreported)].


The applicant was given an opportunity to explain his side and defend himself at a disciplinary hearing and thereafter at an appeal hearing. The court finds that the respondent had valid reason for dismissal, the main reason being incurring fuel shortage. They complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: See, 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 this 26th day of June 2006 at BLANTYRE.


Rachel Zibelu Banda

CHAIRPERSON.