Tasaukadala v WICO (IRC 114 OF 2002) (NULL) [2007] MWIRC 82 (31 December 2007);

Share
Download: 

IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 114 OF 2002


BETWEEN


TASAUKADALA………………………… ……..……………………....APPLICANT


-and-


WICO………………………………….………………... ……………..RESPONDENT



CORAM: R. ZIBELU BANDA (MS.); CHAIRPERSON
J E CHILENGA; EMPLOYERS’ PANELIST
NC KAJOMBO; EMPLOYEES’ PANELIST
Chinyama; For the Respondent
Applicant; Present
Nyabanga; Official Interpreter


JUDGMENT

  1. Dismissal- Reason-Operational requirements-redundancy

  2. Procedure-Information on redundancy-consultation

Facts

The applicant was employed on 1 June 2000. He was dismissed on 25 February 2002. The reason for dismissal was redundancy. The court heard that the applicant was on the material day invited by a Secretary who handed him a letter of termination. The reason for the termination was redundancy. The applicant was surprised as until this time he was not aware of any redundancy process. He was never invited to be informed about the redundancy. He was never consulted on why his position was declared redundant. The respondent was not able to show court what necessitated the redundancy. He attributed the redundancy to general low productivity without elaborating. He did not have any records of the process leading to the redundancy. He admitted that the applicant was informed of the redundancy through the letter of termination.



The Law

An employer is entitled to terminate services of its employees due to operational requirements of the enterprise, see section 57(1) Employment Act. In this case the respondent failed to prove on a balance of probabilities that the reason for the termination of the applicant’s employment was due to redundancy. This is not a valid reason as it was not substantiated. The process leading to the termination was unfair.


Finding

The respondent violated the applicant’s right to fair labour practice. The termination was unfair. A date shall be set down to assess an appropriate remedy.


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.


Made this 31st day of December 2007 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON



Joel Evalisto Chilenga

EMPLOYERS’ PANELIST



Nick Chifundo Kajombo

EMPLOYEES’ PANELIST