Nyaka v Blantyre Netting Comapnmy (IRC 248 of 2003 ) (248 of 2003) [2006] MWIRC 51 (29 April 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 248 OF 2003


BETWEEN


NYAKA…...……………………………………………… ……………...APPLICANT


-and-


BLANTYRE NETTING COMAPNY………………... ……………..RESPONDENT



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


JUDGMENT

Dismissal- Reason-Misconduct-Dishonesty-Fraud-Procedure- Hearing-Dismissed.


Upon hearing the applicant and upon hearing the respondent the court finds that the applicant connived with a truck driver to commit acts of misconduct involving theft of sacks belonging to the respondent’s major client. 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. Dishonesty has been held to constitute valid ground for dismissal: See, Ibrahim V Suncrest Creameries Ltd [Matter Number IRC 73 of 2003 (unreported)].


The applicant committed a serious misconduct that went to the core of the respondent’s enterprise. He assisted in the concealment and perpetration of theft through provision of ready market to stolen sacks produced and supplied by the respondent. He 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 209th day of April 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.