IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

MZUZU
REGISTRY

MATTER
NO. IRC 279 OF 2003

BETWEEN

KAMANGA………………………………
………………………………APPLICANT

-and-

MALAWI REVENNUE AUTHORITY (MRA)……………………..RESPONDENT

CORAM: R. Zibelu
Banda (Ms); Chairperson

Kapezi (Ms);
Representing the Applicant

Respondent; Absent
without valid excuse

Namponya (Ms); Official
Interpreter

JUDGMENT

1. Dismissal-
   Reason-Negligence

2. 
   Employer to show
   reason-Burden of proof lies of employer-Where employer fails to give
   reason-presumption that dismissal was unfair

3. 
   Court procedure-Parties
   to attend hearing-Failure to attend for no good reason matter to
   proceed-Attending a meeting is not valid
   reason for failure to
   attend court

4. 
   Procedure- Right to be
   heard-Hearing-It is a legal obligation to afford a hearing

Background

When the matter was called
for hearing the court was informed that the two legal counsel for MRA
were in Zomba attending a seminar.
The court found that this was not
a valid reason for failure to attend to court matters. There is a
tendency in some quarters to
take court process lightly. In labour
matters unnecessary adjournments are not entertained as the court
deals with people’s livelihood
guaranteed under the Constitution.
The matter proceeded to disposal pursuant to section 74 of the Labour
Relations Act.

The
applicant was dismissed for negligence after performing certain
transactions. The transactions were normal procedure. There
was no
irregularity. However the respondent thought the applicant was
negligent. They did not explain the nature of the negligence
as the
applicant was never called for a hearing to explain himself on this
allegation.

In any
reason for dismissal the burden is on the employer to show and
justify it. In this case the applicant did not attend a hearing
for
the respondent to show and prove the reason. Further the respondent
did not attend court to prove on a balance of probabilities
that they
had a valid reason for terminating the services of the applicant.
See; section 61(1) of the Employment Act. The court
finds that the
respondent did not comply with the law in this termination.

Finding

The respondent violated the
law in section 57 of the Employment Act, section 61 of the same Act
and the Constitution in section
31 which provides for fair labour
practices. This action therefore succeeds.

Assessment
of Remedies

The matter shall be set
down on a date to be fixed for assessment of an appropriate remedy.
Both parties shall be required to attend
the assessment.

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 30^th day of January 2007 at BLANTYRE.

Rachel
Zibelu Banda

CHAIRPERSON.