INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 61 OF 2005
Zibelu Banda (Ms) Chairperson
Assistant Registrar, High Court (Mzuzu Registry)
Mhango; Managing Director
for the Respondent
to be heard.
hearing both parties to this case, the court finds that the applicant
had a habit of skipping work through absenteeism. He
was a Watchman
and yet he on several occasions failed to turn up for duties. He was
asked to explain his absenteeism. His explanation
satisfactory. He was verbally warned before for similar misconduct.
is serious misconduct entitling an employer to dismiss summarily, see
section 59 of the Employment Act. Also see Mchika V Illovo
Sugar Company Ltd [Matter No. IRC 252/2005 (unreported)]. The
reason was valid and the procedure before termination was fair. The
with section 57 of the Employment Act.
employee is dismissed summarily he is not entitled to notice pay or
severance allowance, see section 59 (2) and 35 (6)(b)
Employment Act. The claim for leave pay was not proved. This action
is therefore dismissed in its entirety.
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this judgment, see section 65 (2)
- Pronounced in Open
Court this 31st day of January 2007 at BLANTYRE.