IN
THE INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 23 OF 2006

BETWEEN

BANDA……………………...
……………………………………………. APPLICANT

-and-

SHIRE
HIGHLANDS HOTEL………………………………………..
RESPONDENT

CORAM: R.
ZIBELU BANDA (Ms); CHAIRPERSON

NAMANDWA
D; Employers’ Panellist

PADAMBO M; Employees’
Panellist

Respondent; Absent
without excuse

Applicant; present

Gowa; Official
Interpreter

JUDGMENT

1. 
   Dismissal-Reason-Misconduct-Neglect
   of Duty

2. 
   Employer bears burden
   of proving reason for dismissal

Facts

The
Applicant was employed on 1 February 2005
as a Plumber. His services were terminated on 5 December 2005. The
reason for termination
was neglect of duty (laziness). The Applicant
challenged the termination on ground that it was not true that he was
lazy.

The
respondent did not attend court to substantiate the alleged case of
laziness. The court proceeded to hear the
matter in the absence of the respondent in accordance with provisions
of section 74 of the Labour
Relations Act.

The
burden of showing a reason for dismissal and substantiating it is on
the employer. Where the employer fails to
prove the reason there is a conclusive presumption that the dismissal
was unfair, see section 61 of
the Employment Act. And the court so
finds.

Finding

The
termination was unfair. The reason for dismissal was not
substantiated with evidence. Applicant is entitled to compensation.

Considering he had worked for less than 12 months, the court orders
an award of equivalent of two weeks wages,
being MK4 900-00. To
be paid with immediate effect.

Any
party aggrieved by this decision is at liberty to appeal to the High
Court in accordance with section 65 of the Labour Relations
Act.

Made
this 26^th
day of May 2008 at BLANTYRE

Rachel
Zibelu Banda

CHAIRPERSON

Daphter
Namandwa

EMPLOYERS’ PANELIST

Maxwell
RM Padambo

EMPLOYEES’ PANELIST