IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 211 OF 2003
GATOMA ... ... ... APPLICANT
MAKANDI ESTATE . ....... . ..RESPONDENT
CORAM: R. Zibelu Banda (Ms) Chairperson
Ziyendammanja of Counsel for the Applicant
Nampota; of Counsel for the Respondent
Gowa; Official Interpreter
- Dismissal-Reason-Misconduct-Conduct causing tension-False allegations against staff-Hearing-Meetings
Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant made certain allegations against some members of staff which allegations were serious and had the effect of bringing tension to the work place which was not conducive to proper operations of the respondents enterprise. The applicant did not refute these allegations. The court finds from the respondents explanation that indeed this was a serious act of misconduct which had the effect of disrupting the smooth running of the respondents operations.
The respondent told court that management had several meetings with the applicant to try and get the motive from the applicant but he was not able to make any plausible explanation or justify his allegations. The court finds that the right to be heard was complied with.
This termination complied with the prevailing laws under section 57 of the Employment Act. This action is therefore dismissed in its entirety. Any aggrieved party is at liberty to appeal to the High Court within 30 days of this judgment.
Pronounced this 20th day of July 2006 at BLANTYRE.
Rachel Zibelu Banda