IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 240 OF 2002
MKHULA ... ... ...APPLICANT
ADMARC . .RESPONDENT
CORAM: R. Zibelu Banda (Ms), Chairperson
Nchembe; for Respondent
Chinkudzu; Official Interpreter
Dismissal- Justification-Reason-Misconduct-Shortages-Warning-Procedure-Right to be heard.
Upon hearing the applicant, and upon hearing the respondent the court finds that the applicant flouted company procedure by incurring shortages which he was not able to explain. Incurring unacceptable shortages without any proper explanation has been held to constitute fair reason for termination/ dismissal, see: Mbalangwe V Peoples Trading Centre [Matter Number IRC 164/2001 (unreported)], see also Chimwala V Peoples Trading Centre [Matter Number IRC 259/2002 (unreported)]. The applicant had prior warning related to stork and cash management.
The applicant was given an opportunity to explain his side and defend himself. He admitted incurring the shortage. He offered to pay back but the respondent considered this an act of misconduct and dismissed him. The applicants terminal benefits were held by the respondent for he owed the company more money than his benefits.
The respondent complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: See, section 57 (1) and (2) of the Employment Act. Therefore this action is 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 15th day of February 2007 at BLANTYRE.
Rachel Zibelu Banda