Ungapembe v Shoprite Trading Co (IRC 151 of 2005 ) (151 of 2005) [2006] MWIRC 221 (02 October 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 151 OF 2005


BETWEEN


THUNDU….……………………………………………… ……………...APPLICANT


-and-


SHOPRITE TRADING COMPANY…………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Makhambera; of Counsel for the Respondent
Kaukonde; of Counsel for the Applicant
Chinkudzu; Official Interpreter


JUDGMENT

Dismissal- Reason-Misconduct-Gross negligence-Dishonesty-Attempted Theft-Procedure- Disciplinary hearing


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant as Cashier either failed to carry out a procedure on the till where she was operating from or carried out an act that was reasonably suspected to have been carried out in order to perpetrate a theft from the respondent. The applicant was invited to a hearing where she presented her case. Upon being dissatisfied with the decision, she asked for another hearing which also took place. At both these hearings the applicant was found guilty of dishonesty. Dishonesty and failure to carry out proper procedures have been held to constitute valid ground for dismissal: Misoya and anor V Mc Connel & Co. [Matter Number IRC 66/67 of 2003 (unreported)].


The respondent complied with provisions of section 57 of the Employment Act. The court finds that this dismissal was fair. Therefore the action is dismissed in its entirety. A party aggrieved by this decision is at 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.