IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 333 OF 2005
ZUZE .. ... ...APPLICANT
PRESS BAKERIES LTD .RESPONDENT
CORAM: R. Zibelu Banda (Ms), Chairperson
Respondent; Without excuse
Chinkudzu; Official Interpreter
Terminal benefits-Severance allowance-Notice pay-Summary dismissal-Not payable in fair summary dismissal.
Upon hearing the applicant, the court finds that the applicant flouted company procedure by incurring shortages which he was not able to explain. Incurring unacceptable shortages without any proper explanation has been held to constitute fair reason for termination/ dismissal, see: Mbalangwe V Peoples Trading Centre [Matter Number IRC 164/2001 (unreported)], see also Chimwala V Peoples Trading Centre [Matter Number IRC 259/2002 (unreported)].
The applicant was given an opportunity to explain his side and defend. The court finds that the respondent had valid reason for dismissal, the main reason being incurring shortages. The termination was summary dismissal after proper procedure therefore notice pay and severance allowance are not payable, section 59 and 35 of the Employment Act. The respondent complied with the law by affording the applicant the opportunity to be heard and defend himself before he was dismissed: See, section 57 (1) and (2) of the Employment Act. Therefore this action is dismissed in its entirety.
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 this 15th day of February 2007 at BLANTYRE.
Rachel Zibelu Banda