Thindwa v Illovo Sugar Corp (IRC 05 of 2004) (05 of 2004) [2006] MWIRC 63 (30 May 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 05 OF 2004


BETWEEN


THINDWA.……...……………...………………………………………… APPLICANT


AND


ILLOVO SUGAR COMPANY LTD………………….......…….……..RESPONDENT



CORAM: R Zibelu Banda (Ms) Chairperson

Nkuna of Counsel for the Respondent

Applicant- present

Gowa; Official Interpreter


JUDGMENT

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

CHAIPERSON.