Mhango v MALDECO Fisheries (IRC of 2005 )) ( of 2005) [2006] MWIRC 218 (02 October 2006);

Share
Download: 

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 03 OF 2005


BETWEEN


MHANGO….……………………………………………… ……………...APPLICANT


-and-


MALDECO FISHERIES...……………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Chima; Personnel Manager,for Respondent
Applicant; present
Gowa; Official Interpreter


ORDER

Dismissal- Reason-Misconduct-Flouting company procedures-Giving out free stork-Theft-Procedure- Disciplinary hearing-Frivolous and vexatious action-Dismissed.


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant was accused of giving free fish to a guard without authority, constituting theft. She was invited to a disciplinary hearing where she was found guilty and her services were terminated. The applicant was a Sales lady and was in-charge of fish sales on the material day and time. The fish could only be released from the sales office with her consent or authority. The applicant mis-conducted herself and this type of misconduct has been held to constitute valid ground for dismissal: Misoya and anor V Mc Connel & Co. [Matter Number IRC 66/67 of 2003 (unreported)].


The applicant admitted appearing before a disciplinary hearing to state her case. The respondent complied with the law. The court finds that this dismissal was fair and action is dismissed in its entirety. Any party aggrieved by this decision is liberty to appeal to the High Court within 30 days of this judgment.


Pronounced this 2nd day of October 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.