Ombudsman orders Admarc to compensate worker
The Ombudsman Martha Chizuma-Mwangonde has ordered State produce trader Agricultural Development and Marketing Corporation (Admarc) to pay an employee it suspended 15 years ago without providing proper reasons.
Through a letter dated July 13 2012, the Office of the Ombudsman heard that Admarc employed Isaac Mbalika in 1999 as a tally clerk based in Mzuzu.
Mbalika told the inquiry that around 2002, he tipped the warehouse manager about some fraudulent activities by the depot manager.
In response, Admarc assistant human resources manager Linda Tchuka stated that according to the evidence the corporation had, Mbalika was suspended on February 16 2001 on allegations that he forged a cash sale receipt.
She produced a copy of the suspension letter.
However, the complainant denied receiving the purported letter, saying after verbal communication on his suspension, he was asked to leave the premises immediately.
Admarc could not confirm whether or not the official letter was served on the complainant.
At this point, Chizuma-Mwangonde faulted Admarc for suspending an employee without pay for 15 years.
She said: “This is clearly against the law. It is maladministration. [Therefore], by powers vested in me by Section 126 of the Constitution and Section 8 of the Ombudsman Act, I hereby direct that the respondents should pay the complainant his salary for 15 years.
“To ensure that the money value is maintained, he should be paid at the salary rate of a tally clerk as of the date of determination. This money should be paid by 28th April 2017.” n
