Gwadani and Others Pharmanova Ltd (Record) (IRC 11 of 2000) (11 of 2000) [2006] MWIRC 22 (09 March 2006);

Share
Download: 

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 11 OF 2000


BETWEEN



GWADANI & OTHERS …………………………………………………APPLICANT


-and-


PHARMANOVA LTD …………………………………………………RESPONDENT




CORAM: R. ZIBELU BANDA; CHAIRPERSON
Chayekha; of counsel for respondent
Applicants; present
Chinkudzu; Official Interpreter


RECORD


APP 1: Takes oath and states: I am Wats Mkhuto Chimaliro, Private Bag A154, Lilongwe


I was employed on 6/12/1995, as Production Assistant. I don’t have a letter of appointment. I was dismissed on 11/12/1997. I have a letter of termination.


Court : AP1


Reason: Theft of medicine


Hearing : I was not given a hearing at the office


Events: Management got information that we had stolen medicine. When management heard about the allegation, they sent message to the police. The police came to pick us up. We went back to the office after being granted bail. But our boss told us to wait till the out come of the case. Judgment was on 16/12/1997 but before that date on 11/12/97 we received our letters of termination. We went back to the office after the judgment but the boss refused to take us back.


Terminal benefits: We received notice pay for January 1998. We were on bail from 10 June to 16 December 1997. We were receiving our salaries throughout this time. We got:



Notice pay

Leave days
Pension scheme

UNFAIR: Because the company sent us to police on allegations and yet before the criminal court decision we were dismissed.


RELIEF: Reinstatement


XXN: I received my terminal benefits but the company did not pay me long service.


Court: Did you get severance allowance?

AP: The conditions showed that we were entitled to long service pay. The police took us to court. The company was not supposed to dismiss us.


Hearing; I was invited to be asked about the loss of the medicine. I am entitled to long service pay but I don’t know how much. My monthly salary was K1050 per month


Question by court: At the meeting with the Personnel Manager – we were told that the company had lost some medicine and that they were asking for information that could lead to the identification of those who had stolen medicine

I did not say anything at this meeting.


AP2: Takes oath and states : I am Master Ninje, Box 51, Blantyre. I was employed in 1994 as Production Assistant. I don’t have letter of appointment. I was dismissed in 1997.


Reason: I was not given reason


Event: On 22 – 23 April 1997 when we were on night shift we knocked off in the morning. After a week the Personnel Manager and other management staff held a meeting and told us that in the evening of 22 –23 April, 85 Kg aspirin went missing. They asked for information leading to the arrest of the culprits. On 10 June we were invited by Personnel Manager, where we found a policeman. We were taken to police. We were granted bail – we were taken to court. Judgment was on 16/12/97 but on 11/12/97 we were dismissed. After judgment we went to the office but they told us that they did not have anything to do with the court decision.


Terminal benefits - Notice pay, pension and leave pay


UNFAIR: because we were taken to court but the respondent did not have a valid reason for dismissing us.


Hearing: we were not given a hearing at the office.


Relief: reinstatement and long service pay


XXN: long service is a right of employees who are dismissed without valid reason. I can’t remember whether the conditions of service provide for long service.


The company said they had received information that we had stolen the medicine but they did not disclose the informer.


Terms of employment - I can’t remember


Looks at document- Terms and conditions. I remember the document – its letter of appointment for myself. It spells out terms and conditions- there is no mention of long service pay on this document.


Chayekha: My one and only witness has not been able to come to court – she is not feeling alright and she has taken leave.


We all have the same thought that we could adjourn to another date.


Court: matter is adjourned to date to be fixed for continual hearing. If the respondent fails to appear or their witnesses fail to appear on the appointed date the matter will proceed to disposal in their absence.


R. Zibelu Banda (Ms.)

CHAIRPERSON

20/09/05



CORAM: R.ZIBELU BANDA - CHAIRPERSON

Chayekha of counsel for respondent

App: Ninje, Mkhuto

Deceased - Gwadani

Chinkudzu, - Official Interpreter


Court: Matter is proceeding to continued hearing


Resp.: Takes oath and states: I am Gloria Kaliati, Personnel & Administration Officer, Box 30073, Blantyre 3. The applicants got their pension benefits, leave pay and notice pay salary and wages for days worked.


Looks at document – This is a last pay slip and shows basic pay, leave pay and notice pay. This is for Mr. Mkhuta.


Court: RP1


Looks at document – Pension refund – Mr Mkhuta


Court: RP2


Looks at document – last pay slip for Ninje – he got cash in lieu of leave, basic pay and notice pay

Court: RP3

Looks at document, Pension refund for Ninje –


Court: RP 4


Looks at document - last pay slip for Gwadani, got cash in lieu of notice, basic pay but no leave pay


Court: RP 5


Looks at document – pension refund for Gwadani


Court: RP6


Looks at document – copies of cheques issued to the three gentlemen in respect of his terminal dues


Court: RP7


Reinstatement: We do not have any vacancies to reinstate the applicants.


Hearing: I don’t know whether the applicant were given a hearing or reason for their termination


XXN: None

XXN: None


Chayekha: Nothing to say. I would like to make written submissions


Court: 7 days submission, maximum 3 pages – judgment in 21 days time



R.Zibelu Banda

CHAIRPERSON

14/11/05


CORAM: R.S.Z. BANDA, CHAIRPERSON

Applicants

Respondent- absent

Chinkudzu – Official Interpreter



Court: where is the other applicant?


App; Mr Gwadani passed away


App: Takes oath and states: I am Wats Mkhuta Chimaliro, C/O S. Singini, BWB, Box 30360, Blantyre 3


I was employed on 5/12/95. Termination 11/12/97


Last salary – K1000 per month. I am doing piece work – I earn between 200 – 500 Kwacha after doing piece work. I was Production Assistant. I cannot get the type of job like the one I was doing at Pharmanova. I don’t have any skills. I don’t have any professional qualification


Other benefits- housing allowance 10% of basic pay- per month


Free issues – medicine, leave grant – one month salary, 21 days leave

Bonus – 13th cheque


Contributory pension scheme – long service award after 5 years promotions


AP2: takes oath and states : I am Master Ninje, Box 51, Blantyre. I was employed 1/04/94 termination on 11/12/97

Last salary K1050 per month. I am doing various businesses. I earn money but I cannot say how much.


Other benefits – House allowance K100 per month.

- Leave days 21 days

- Leave grant K1000

- Bonus – K1000

- Free issues – medicine

- Contributory pension

Mkhuta Chimaliro: Gwadani was receiving K1050. He was employed on 1/04/94 termination 11/12/97


Court: adjourned for order, 21 days from today


R.Zibelu Banda

CHAIRPERSON

9/03/06


R. Zibelu Banda

CHAIRPERSON

CERTIFIED AS A TRUE COPY OF THE ORIGINAL