IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 178 OF 2006

BETWEEN

MANJALIKE………………...……………………………………………
APPLICANT

-and-

CEOLH T/A SHIRE CONSTRUCTION LTD………………………
RESPONDENT

CORAM: RACHEL
ZIBELU BANDA; CHAIRPERSON

MRN PADAMBO;
EMPLOYEES’ PANELIST

A MALIJANI;
EMPLOYERS’ PANELIST

Chikankheni; for the
Respondent

Applicant; present

Gowa; Official
Interpreter

JUDGMENT

1. Dismissal-Reason-Misconduct-Abscondment
   
   

Facts

The applicant was dismissed
for abscondment. He alleged that he was sick. When asked to produce a
medical report he failed to produce
any to justify the more than 45
days that he was away from work. The respondent averred that the
applicant had just vanished. He
sent his representatives on pay day
to receive salaries but he did not show up to work. He did not send
any word to the respondent.
The respondent concluded that this was a
case of abscondment and dismissed the applicant. In court the
applicant failed to justify
his absenteeism. His medical book which
he produced in court did not reconcile with the so many days of
absenteeism that the respondent
complained of. The applicant
challenged the dismissal alleging that the reason was unjustified.

The Law

The Employment Act provides
that an employer is entitled to dismiss summarily an employee guilty
of habitual or substantial neglect
of his duties and an employee who
is guilty of absence from work without permission of the employer and
without reasonable excuse,
see section 59 Employment Act.

In the
instant case the applicant was found guilty of absence from work
without permission and without reasonable excuse. The court
found as
a fact that the applicant absconded from work. It has been held in
this court that abscondment is a valid reason for dismissal,
see
Chaima v Gray Security Services [Matter Number IRC 47/2002
unreported)] IRC.

Finding

The reason for dismissal
was valid in accordance with section 59 of the Employment Act. The
court therefore finds that the dismissal
was fair. This action is
dismissed in its entirety.

Any party
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this judgment.

Made
this 28^th day of May 2008 at Blantyre.

Rachel
Zibelu Banda

CHAIRPERSON

Maxwell
RN Padambo

EMPLOYEES’ PANELIST

A
Malijani

EMPLOYERS’ PANELIST