INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 138 OF 2007
ILLOVO SUGAR (MALAWI) LTD
- CORAM: R. Zibelu
Banda (Ms); Chairperson
Human Resources Manager for respondent
Andersen; Visiting Judge
from Denmark Labour Court (Observer)
allowance-Claim for severance allowance-Section 35 Employment Act
2000-Exceptions-Fair dismissal under section 35(6)(b)-Dismissed
want of merit.
was adjourned only for a written Order. Upon hearing the respondent
and upon hearing the applicant the court was convinced
matter lacked merit in law. The applicant was dismissed for theft and
negligence. He was prior to the dismissal invited
to a disciplinary
hearing where he defended himself. The applicant claimed severance
allowance under section 35 of the Employment
under section 35(6) (b) of the same Act, it is provided that
severance allowance shall not be payable to an employee who
dismissed fairly for an act of misconduct. In this case it was shown
that the applicants dismissal was fair after he committed
serious act of misconduct. Therefore severance allowance was not
payable under the law.
did not find any unfair practice on the part of the respondent. They
complied with the law. Therefore the action was summarily
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
this 17th day of July 2007 at CHIKWAWA.