Court name
Industrial Relations Court
Case number
IRC Matter 194 of 2003

Sululu v Tambala Food Products (IRC Matter 194 of 2003) [2006] MWIRC 225 (08 November 2006);

Law report citations
Media neutral citation
[2006] MWIRC 225

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




PRINCIPAL
REGISTRY




MATTER
NO. IRC 194 OF 2003




BETWEEN




SULULU….………………………………………………
……………...APPLICANT






-and-




TAMBALA FOOD PRODUCTS ….………………...
……………..RESPONDENT







CORAM: R. Zibelu
Banda (Ms); Chairperson

Kanthambi; Personnel and
Administration Manager for the Respondent

Applicant; present

Ngalauka; Official
Interpreter




JUDGMENT


Dismissal-
Reason-Misconduct-Fraudulent activities-Entering false information in
bin cards- To conceal stock shortages-Right to
be heard-Disciplinary
hearing.




Upon
hearing the applicant and the respondent the court finds that the
applicant was accused of entering false entries in bin cards
with the
intention to conceal stock shortages. The applicant was asked to
explain his side of the story in his defence. The explanation
was not
satisfactory and the respondent dismissed the applicant on that
basis. Misconduct involving dishonesty has been held to
constitute
valid ground for dismissal: Ibrahim V Suncrest Creameries Ltd
[Matter Number IRC 73 of 2003 (unreported)]; and also see John
V Illovo Group of Companies
[Matter Number IRC 448/2002
(unreported)]. The respondent had valid reason for dismissal: Section
57 (1) of the Employment Act.




The
applicant admitted appearing before a disciplinary hearing to state
his case. The respondent complied with the law on fair dismissal:

Section 57 (2) of the Employment Act. This action is therefore
dismissed in its entirety.





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
this 9th day of November 2006 at BLANTYRE.




Rachel
Zibelu Banda


CHAIRPERSON.