Gatoma v Makandi Estate (IRC 211 of 2003) (211 of 2003) [2006] MWIRC 91 (20 July 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 211 OF 2003


BETWEEN


GATOMA…...…...……………...………………………………………… APPLICANT


AND


MAKANDI ESTATE…….…………………………….......…….……..RESPONDENT



CORAM: R. Zibelu Banda (Ms) Chairperson

Ziyendammanja of Counsel for the Applicant

Nampota; of Counsel for the Respondent

Gowa; Official Interpreter


JUDGMENT

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 respondent’s enterprise. The applicant did not refute these allegations. The court finds from the respondent’s explanation that indeed this was a serious act of misconduct which had the effect of disrupting the smooth running of the respondent’s 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

CHAIPERSON.