INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 109 OF 2004
MALAWI ENTREPRENEURS DEVELOPMENT INSTITUTE
- CORAM: R. Zibelu
Banda (Ms); Chairperson
Nyirenda A (Ms);
Assistant Registrar, High Court (Mzuzu Registry)
Banda; Director of Human
Resources and Administration
Namponya (Ms); Official
Reason-Loss of trust and confidence
contract-Implied term-Mutual trust and confidence
Procedure- Right to be
heard-Hearing-Written submissions-Where matters not contested
written statements enough to make decision
Court must guard
against rigid imposition of judicial style proceedings in
hearing the applicant and the respondent the court finds that the
applicant was employed as an Internal Auditor. However before
established in the position; the respondent as part of pre-employment
procedures had enquired on the applicants performance
previous employers. Two of these former employers made adverse
reports touching on the applicants honesty and integrity.
on these reports the respondent gave the applicant notice to
terminate his services as they were not comfortable retaining
such a position of Internal Auditor. He was on probation.
applicant responded to the notice explaining the situation. The
respondent took his explanation into account but still they
trust and confidence in him. It has been held in this court that
mutual trust and confidence is an implied term of any
contract. Without it, one cannot expect to continue with an
employment relationship. See: Lugomba and others V Blantyre
Newspapers Ltd [Matter Number IRC 411/2005 (unreported)].
finds that this was a valid reason for taking disciplinary action.
Before the termination the applicant was put on notice.
his side. Since the matters were not in contention, the court finds
that this written statement was adequate and it
fulfilled the right
to be heard. See Banda V Unitrans (Mw) Ltd [Matter
Number IRC 27/2001 (unreported)] holding that the court must guard
against the rigid imposition of judicial style proceedings
inappropriate situations. The court therefore finds that the
procedure adopted under the circumstances of this case was fair.
The respondent complied
with the requirements for fair dismissal: Section 57 (1) and (2) of
the Employment Act. This action is therefore
- 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 30th day of January 2007 at BLANTYRE.