Court name
Industrial Relations Court
Case number
IRC Matter 151 of 2005

Ungapembe v Shoprite Trading Co (IRC Matter 151 of 2005) [2006] MWIRC 221 (01 October 2006);

Law report citations
Media neutral citation
[2006] MWIRC 221

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.