Court name
Industrial Relations Court
Case number
IRC Matter 248 of 2003

Nyaka v Blantyre Netting Comapnmy (IRC Matter 248 of 2003) [2006] MWIRC 51 (28 April 2006);

Law report citations
Media neutral citation
[2006] MWIRC 51

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.