IN THE INDUSTRIAL RELATIONS COURT OF
MALAWI

PRINCIPAL
REGISTRY

MATTER
NUMBER IRC 352 OF 2006

BETWEEN

CHAGUNDA…..……...……………………………...…………………..
APPLICANT

-and-

PRICEWORTH WHOLESALERS…………..………...……………...RESPONDENT

CORAM: R
ZIBELU BANDA (MS); CHAIRPERSON

MRN PADAMBO;
EMPLOYEES’ PANELIST

D NAMANDWA; EMPLOYERS’
PANELIST

Applicant; present

Respondent; Absent no
excuse

Chinkudzu;
Official Interpreter

JUDGMENT

1. 
   Dismissal-Reason for
   dismissal- Misconduct- Absenteeism
2. 
   Procedure- Opportunity
   to be heard- and defend oneself-Employee to be given a chance to
   explain his side and defend himself

Facts

The applicant
was employed on 8 January 1993 as driver. His services were
terminated on 6 June 2006. The reason was that he had
left the office
to attend a funeral of a relative. The applicant stated that he had
asked for permission to attend the funeral.
Yet when he reported back
for duties he was dismissed. He was not given a hearing. He took out
this action alleging that the dismissal
was unfair. The respondent
was invited to a hearing but they did not attend court. No reason was
given for non attendance. The
court invoked provisions of section 74
of the Labour Relations Act and proceeded to dispose of the case.

The Law

Absence from
work can be a reason for dismissal according to section 59 Employment
Act. However where authority is given to be absent
from work, an
employer is not entitled to dismiss such employee. The applicant
alleged that he was absent from work for a valid
reason and after
getting permission from his supervisor. In the absence of any
evidence to the contrary, the court finds that
the dismissal was
based on an invalid reason.

Procedure

The applicant
alleged that he was not given a hearing before the dismissal. The
court finds that the respondent did not comply with
a fair procedure
before dismissal.

Finding

The Court finds that the
respondent did not comply with the law. The reason was not valid and
the applicant was not given any hearing.
The respondent violated
section 57 of the Employment Act. This termination was therefore
unfair .

Assessment
of Award

The applicant is entitled
to an award under section 63 of the Employment Act. He is also
entitled to notice pay and severance allowance
as claimed. The court
shall set down a date to assess compensation. Both parties shall be
required to attend the assessment.

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

Made
this 31^st
day of December 2007 at BLANTYRE.

Rachel
Zibelu Banda

CHAIRPERSON

Maxwell
RN Padambo

EMPLOYEES’ PANELIST

Daphter
Namandwa

EMPLOYERS’ PANELIST