Kadzuwa and Another v Chibuku Products Ltd (IRC 314316 of 2005 ) (314316 of 2005) [2006] MWIRC 79 (26 June 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 314&316 OF 2005


BETWEEN


KADZUWA AND ANOTHER……........…………...........APPLICANTS


-and-


CHIBUKU PRODUCTS LIMITED…..………………….RESPONDENT



CORAM: Rachel Zibelu Banda, Chairperson
Tembo; of Counsel for the Respondent
Applicants; present
Chinkudzu; Official Interpreter


ORDER

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

CHAIRPERSON