Kambalame v National Publications Ltd (IRC 441 of 2022 ) (441 of 2022) [2006] MWIRC 210 (05 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 441 OF 2002


BETWEEN


KAMBALAME……………….…………………………… ……………...APPLICANT


-and-


NATION PUBLICATIONS LTD……………………... ……………..RESPONDENT


CORAM: R. Zibelu Banda, Chairperson
Kandulu; Administration and Personnel Manager for Respondent
Tandwe; Personnel Officer for Respondent
Applicant; present
Gowa; Official Interpreter


JUDGMENT

Dismissal- Reason-Misconduct-Carrying unauthorised passenger-Procedure- Right to be heard-Hearing.


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant who was assigned to take deliveries from Blantyre to Lilongwe colluded with his colleague to carry unauthorized passenger in the company vehicle they were using. This put the respondent’s deliveries at risk and it was against company procedure to carry unauthorized passengers. The applicant was invited to a hearing to explain himself. After this meeting the applicant was dismissed. The reason was valid for dismissal; see Nzangaya V UNITRANS (Mw) Ltd [Matter Number IRC 32 of 2003 (unreported)].

The applicant admitted appearing for a hearing. The respondent complied with the law on fair dismissal: Section 57 (1) and (2) of the Employment Act. This action is therefore dismissed.


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 in Open Court this 5th day of July 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.