IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 314&316 OF 2005
KADZUWA AND ANOTHER ........ ...........APPLICANTS
CHIBUKU PRODUCTS LIMITED .. .RESPONDENT
- CORAM: Rachel Zibelu Banda, Chairperson
- Tembo; of Counsel for the Respondent
- Applicants; present
- Chinkudzu; Official Interpreter
Severance allowance-Section 35-Who is not entitled-Fairly dismissed employee for misconduct-Failure to account-Dishonesty-Misconduct
Upon hearing both the applicants and upon hearing the respondent; it is hereby ordered that the applicants are not entitled to severance allowance because they were fairly dismissed for misconduct relating to failure to account for funds under their custody. They were invited to a hearing where they explained their side but failed to give any explanation as to the missing money. The termination was fair for misconduct therefore severance allowance is not payable, see section 35(6) Employment Act.
The respondent is ordered to pay the admitted amounts less any amount held by the respondent for lawful reasons.
Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this order.
Pronounced this 26th day of June 2006 at BLANTYRE.
Rachel Zibelu Banda