IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 336 OF 2004
MASESE ... ...APPLICANT
CELTEL MALAWI LTD .. ... ..RESPONDENT
- CORAM: R. Zibelu Banda, Chairperson
- Gulumba; of Counsel for the respondent
- Applicant; present
- Chinkudzu; Official Interpreter
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 respondents 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