IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 05 OF 2004
THINDWA. ... ... APPLICANT
ILLOVO SUGAR COMPANY LTD ....... . ..RESPONDENT
CORAM: R Zibelu Banda (Ms) Chairperson
Nkuna of Counsel for the Respondent
Gowa; Official Interpreter
- Dismissal-Justification-Reason-Overloading-Procedure-Right to be heard-Substantive and procedural justice complied with.
Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant overloaded a truck with eight bales of sugar without authority. The applicant was asked to explain the overload, his explanation was unsatisfactory. The applicant had been warned before on several occasions for similar acts of misconduct.
The respondent had a valid reason for termination. The applicant was given an opportunity to explain his side and defend himself. The respondent complied with both substantive and procedural justice in treating the applicant. This 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 from the date of this ruling. Appeal lies on matters of law and jurisdiction only, see section 65 (2) Labour Relations Act 1996.
Pronounced in Open Court this 30th day of May 2006 at BLANTYRE.
Rachel Zibelu Banda