Sululu v Tambala Food Products (IRC 194 of 2003 ) (194 of 2003) [2006] MWIRC 225 (09 November 2006);

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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.