Kamanga v Malawi Revenue Authority (MRA) (IRC Matter 279 of 2003)  MWIRC 8 (29 January 2007);
INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 279 OF 2003
MALAWI REVENNUE AUTHORITY (MRA) ..RESPONDENT
- CORAM: R. Zibelu
Banda (Ms); Chairperson
Representing the Applicant
without valid excuse
Namponya (Ms); Official
Employer to show
reason-Burden of proof lies of employer-Where employer fails to give
reason-presumption that dismissal was unfair
to attend hearing-Failure to attend for no good reason matter to
proceed-Attending a meeting is not valid
reason for failure to
Procedure- Right to be
heard-Hearing-It is a legal obligation to afford a hearing
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 peoples livelihood
guaranteed under the Constitution.
The matter proceeded to disposal pursuant to section 74 of the Labour
applicant was dismissed for negligence after performing certain
transactions. The transactions were normal procedure. There
irregularity. However the respondent thought the applicant was
negligent. They did not explain the nature of the negligence
applicant was never called for a hearing to explain himself on this
reason for dismissal the burden is on the employer to show and
justify it. In this case the applicant did not attend a hearing
the respondent to show and prove the reason. Further the respondent
did not attend court to prove on a balance of probabilities
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.
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.
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
- 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
this 30th day of January 2007 at BLANTYRE.