Zuze v Illovo Group Companies (IRC 17 of 2004 ) (17 of 2004) [2006] MWIRC 31 (29 March 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 17 OF 2004


BETWEEN


ZUZE….……………………………………… ……………...APPLICANT


-and-


ILLOVO GROUP OF COMPANIES…..... ……………..RESPONDENT



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


JUDGMENT

Dismissal- Reason-Misconduct-Leaving post without proper handovers-Swearing and use of abuse language-Riotous conduct-Insubordination-Threatening physical violence-Disrespectful-Right to be heard-Disciplinary hearing.


Upon hearing the applicant and the respondent the court finds that the applicant was dismissed after allegations of misconduct involving leaving duty station before handing over to his colleague on the next shift, swearing and use of abusive language, riotous behaviour, insubordination, threatening physical violence and disrespect. The applicant was invited to a disciplinary hearing to answer to the allegations. The disciplinary committee considered the applicant’s evidence. They found the applicant guilty. They considered his previous conduct and found that the applicant had been verbally warned several times before. The committee recommended the applicant’s dismissal.


The applicant admitted appearing before a disciplinary hearing to state his case. He did not challenge the hearing but the reasons for the termination. However the respondent was able to show in court that the reasons were valid.


The respondent complied with the law on fair dismissal: They had valid reasons for termination which reasons were communicated to the applicant-Section 57 (1) of the Employment Act. They conducted a fair hearing thereby complying with 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 in Open Court this 29th March 2006 at BLANTYRE.



R Zibelu Banda (Ms.)

CHAIRPERSON.