Masese v Celtel Malawi Ltd (IRC 33 of 20044) (33 of 20044) [2006] MWIRC 40 (11 April 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 336 OF 2004


BETWEEN


MASESE…...……………………………………………… ……………...APPLICANT


-and-

CELTEL MALAWI LTD……………..………………... ……………..RESPONDENT



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

JUDGMENT

Dismissal- Reason-Misconduct-Dishonesty-Carrying out unauthorized acts-Leading to loss of funds-Gross Negligence-Procedure- Hearing-Dismissed.


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant carried out an unauthorized act involving the selling of cards for cheques contrary to standing orders that the cards were tom be sold on cash basis. This violation cost the respondent MK571 013-00 lost through unhonoured cheques at the bank. The applicant was invited to give his side of the story. His explanation did not convince management. The applicant did not challenge the hearing process. The applicant was dismissed after this hearing. Deliberate flouting of company procedures has been held to constitute valid ground for dismissal: See, Amadu V Maldeco Fisheries [Matter Number IRC 14 of 2004 (unreported)].


The applicant committed a serious misconduct that went to the core of the respondent’s enterprise, the business of supplying celephone cards. He assisted unscrupulous people to rob the respondent in day light because of gross negligence. The applicant was afforded fair process. The action is therefore dismissed in its entirety. Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this judgment in accordance with section 65(2) of the Labour Relations Act as read with Rule 27 of the Industrial Relations Court (Procedure) Rules 1999.

Pronounced in Open Court this 11th day of April 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.