Zuze v Press Bakeries (IRC 21 of 2004 ) (21 of 2004) [2006] MWIRC 64 (30 May 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 21 OF 2004


BETWEEN


ZHUWAKI..……….………… ……………................................................APPLICANT


-and-

SHIRE HIGHLANDS MILK PRODUCERS ASSOCIATION…………………....…...…...…………………………RESPONDENT


CORAM: R. Zibelu Banda (Ms); Chairperson
Chikaonda; of Counsel for Applicant
Respondent; Absent no excuse
Ngalauka; Official Interpreter

ORDER

Upon hearing the applicant and in the absence of the respondent to provide any contrary evidence or contradict the applicant; the court finds that the applicant was alleged to have stolen some cattle. The applicant was dismissed without any hearing. At the time of dismissal the applicant lost his cow worthy MK14 000-00 to the respondent. He claimed for the value of the cow and for salary for October.


The respondent was not available to contradict the applicant. The respondent was properly served with a notice of hearing but they decided to stay away. The matter had been concluded in accordance with provisions of section 74 of the Labour Relations Act.


Order

The respondent is ordered to pay the applicant MK14 000-00 being cash refund for lost cow at the instance of the respondent. The respondent is also ordered to pay the applicant MK4000 -00 being unpaid wages for October. Total award: MK18 000-00 to be paid with immediate effect.


Any party aggrieved by this decision has the right of appeal to the High Court within 30 days of this decision. Appeal lies only on matters of law and jurisdiction and not facts: See section 65 (2) of the Labour Relations Act 1996.


Pronounced in Open Court this 30th day of May 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON