Fired employee gets justice 27 years later

It has taken 27 years for former Southern Bottlers (Sobo) Limited depot manager Dokiso Changayizga Nyasulu to get justice in his legal challenge against unlawful and unfair dismissal.

Nyasulu had all the reason to smile on Wednesday after High Court of Malawi Judge Allan Hans Muhome upheld an Industrial Relations Court (IRC) verdict that faulted his former employer, Sobo Limited.

The case arose from an armed robbery at Sobo Salima Depot on May 11 1999 when over K8 000 was stolen while Nyasulu and his colleagues were closing business after 6pm.

In his judgement, Muhome dismissed Sobo’s appeal against a March 23 2001 IRC ruling that found Nyasulu’s dismissal unlawful and unfair contrary to the protection guaranteed under Section 43 of the Constitution.

“The appellant [Southern Bottlers] has failed to prove all of its grounds of appeal and the IRC Judgement is hereby upheld,” the judge said.

Muhome noted that following the robbery, Sobo management and police engaged Nyasulu on several occasions before he was suspended and eventually dismissed.

Nyasulu challenged the dismissal and sought compensation in the IRC.

Muhome found that Nyasulu was not informed of the charge and not given a proper opportunity to present his side.

The judge also rejected Sobo’s argument that a June 6 1999 meeting between Nyasulu and management constituted a disciplinary hearing, upholding the IRC finding that it did not meet the legal requirements of a fair hearing.

The High Court ruling comes as the IRC on Monday found the Roads Authority liable for the unfair dismissal of former maintenance engineer Crispin Gondwe.

Acting IRC chairperson Tamanda Nyimba ruled that the authority lacked a valid reason for dismissing Gondwe and denied him a fair opportunity to defend himself against allegations that he solicited a bribe from a contractor.

Nyimba upheld Gondwe’s claims for compensation for unfair dismissal, damages for unfair labour practices, severance allowance and the authority’s contribution to his pension.

Meanwhile, the parties have 14 days to agree on the amounts payable, failing which the court will conduct assessment proceedings.

The post Fired employee gets justice 27 years later appeared first on Nation Online.