Court name
Industrial Relations Court
Case number
IRC Matter 61 of 2005

Kasambala v Kavuzi Motors (IRC Matter 61 of 2005) [2007] MWIRC 15 (30 January 2007);

Law report citations
Media neutral citation
[2007] MWIRC 15
Coram
Null

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




MZUZU
REGISTRY




MATTER
NO. IRC 61 OF 2005




BETWEEN




KASAMBALA...……………...…………………………………………
APPLICANT




AND




KAVUZI
MOTORS………………...………………….......…….……..RESPONDENT






CORAM: R.
Zibelu Banda (Ms) Chairperson


Nyirenda A.
Assistant Registrar, High Court (Mzuzu Registry)



Mhango; Managing Director
for the Respondent



Applicant- present


Namponya; Official
Interpreter




JUDGMENT



Dismissal-Reason-Absenteeism-Procedure-Right
to be heard.




Upon
hearing both parties to this case, the court finds that the applicant
had a habit of skipping work through absenteeism. He
was a Watchman
and yet he on several occasions failed to turn up for duties. He was
asked to explain his absenteeism. His explanation
was not
satisfactory. He was verbally warned before for similar misconduct.



Absenteeism
is serious misconduct entitling an employer to dismiss summarily, see
section 59 of the Employment Act. Also see Mchika V Illovo
Sugar Company Ltd
[Matter No. IRC 252/2005 (unreported)]. The
reason was valid and the procedure before termination was fair. The
respondent complied
with section 57 of the Employment Act.




Where an
employee is dismissed summarily he is not entitled to notice pay or
severance allowance, see section 59 (2) and 35 (6)(b)
of the
Employment Act. The claim for leave pay was not proved. This action
is therefore 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, see section 65 (2)
Labour Relations
Act 1996.





Pronounced in Open
Court
this 31st day of January 2007 at BLANTYRE.




Rachel
Zibelu Banda


CHAIPERSON.