Chalingana and Others v Securicor Malawi Ltd (IRC 20 of 20055) (20 of 20055) [2006] MWIRC 88 (05 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 201 OF 2005


BETWEEN


CHALINGANA & OTHERS…………………………… ……………...APPLICANT


-and-


SECURICOR MALAWI LTD………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Makalani; for Respondent
Applicant; present
Gowa; Official Interpreter


JUDGMENT

Dismissal- Reason-Misconduct-Failure to carry out proper handover-Procedure- Right to be heard-Hearing.


Upon hearing the applicant and the respondent the court finds that the applicant and his co-applicants who were employed and working as security guards failed to carry out any handovers in the morning after a night shift during which night a robbery took place at the place that they were guarding. The applicants were invited to a hearing to explain themselves. After this meeting the applicants were dismissed. The reason for dismissal was misconduct. The reason was valid for dismissal.

The applicant admitted appearing for a hearing. The respondent complied with the law on fair dismissal: Section 57 (1) and (2) of the Employment Act. This action is therefore dismissed. The applicant is not entitled to severance allowance because the dismissal was fair for misconduct.


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 5th day of July 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.