IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 333 OF 2005

BETWEEN

ZUZE…………..…………...………………………………
……………...APPLICANT

-and-

PRESS BAKERIES LTD……………………………………………….RESPONDENT

CORAM: R.
Zibelu Banda (Ms), Chairperson

Applicant;
Present

Respondent; Without
excuse

Chinkudzu; Official
Interpreter

JUDGMENT

Terminal benefits-Severance
allowance-Notice pay-Summary dismissal-Not payable in fair summary
dismissal.

Upon
hearing the applicant, the court finds that the applicant flouted
company procedure by incurring shortages which he was not
able to
explain. Incurring unacceptable shortages without any proper
explanation has been held to constitute fair reason for termination/

dismissal, see: Mbalangwe V People’s Trading Centre [Matter
Number IRC 164/2001 (unreported)], see also Chimwala V
People’s Trading Centre [Matter Number IRC 259/2002
(unreported)].

The
applicant was given an opportunity to explain his side and defend.
The court finds that the respondent had valid reason for
dismissal,
the main reason being incurring shortages. The termination was
summary dismissal after proper procedure therefore notice
pay and
severance allowance are not payable, section 59 and 35 of the
Employment Act. The respondent complied with the law by affording
the
applicant the opportunity to be heard and defend himself before he
was dismissed: See, section 57 (1) and (2) of the Employment
Act.
Therefore this action is dismissed 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 Act.

Pronounced
this 15^th day of February 2007 at BLANTYRE.

Rachel
Zibelu Banda

CHAIRPERSON.