Kapolama v Enterprise Containers (2003) Ltd (IRC Matter 13 of 2006)  MWIRC 72 (30 December 2007);
INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 13 OF 2006
ENTERPRISE CONTAINERS (2003) LTD
- CORAM: RACHEL
ZIBELU BANDA; CHAIRPERSON
- MRN PADAMBO;
Kalidozo; for the
Procedure-Right to be
heard-Right to defend oneself-Must be fair
Previous warnings-To be
taken into account when considering whether employer acted with
The applicant was dismissed
for absenteeism. He asked for permission to go to the hospital.
However he failed to report back to
work afterwards. When asked to
produce a medical report he failed to produce any. The respondent
invited him to explain his action.
His explanation was not convincing
hence his termination. He challenged the termination alleging that
the reason was not valid
and that he was not given a hearing to
defend himself. The respondent averred that the reason was valid and
that the applicant
was given a fair hearing.
- 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.
instant case the applicant was found guilty of absence from work
without permission and without reasonable excuse. Before
incident he had been warned on 23 December 2004 for late reporting
for duties. After this warning he had been given a final
warning on 4
January 2005 for leaving his office without permission. The
applicant was given an opportunity to be heard. Even before this
hearing the applicant through the warnings was given an opportunity
to change for the better. The respondent did all its best to act
reasonably on the applicant before dismissal.
The reason for dismissal
was valid and process before dismissal was fair. The court therefore
finds that the dismissal was fair.
This action is dismissed in its
aggrieved by this decision is at liberty to appeal to the High Court
within 30 days of this judgment.
this 31st day of December 2007 at Blantyre.