IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 342 OF 2002
PEOPLES TRADING CENTRE LIMITED (PTC) ............................. ..RESPONDENT
CORAM: R. Zibelu Banda (Ms), Chairperson
Respondent; Mbendera Personnel Manager
Chinkudzu; Official Interpreter
Dismissal- Justification-Reason-Misconduct-Shortages-Procedure-Right to be heard.
Upon hearing the applicant and upon hearing the respondent, the court finds that the applicant flouted company procedure by incurring huge and unacceptable shortages.
Incurring unacceptable amount of shortages without any proper explanation has been held to constitute fair reason for termination/ dismissal, see: Mbalangwe V Peoples Trading Centre [Matter Number IRC 164/2001 (unreported)], see also Chimwala V Peoples Trading Centre [Matter Number IRC 259/2002 (unreported)].
The applicant was given an opportunity to explain his side and defend himself. The court finds that the respondent had valid reasons for dismissal, the main reason being incurring huge shortage. They complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: See, section 57 (1) and (2) of the Employment Act. Therefore this action on unfair dismissal is dismissed in its entirety.
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: Section 65 (2) of the Labour Relations Act.
Pronounced in Open Court this 13th day of June 2006 at BLANTYRE.
Rachel Zibelu Banda