Mwadzangati v ADRA (IRC 55 of 2003 ) (55 of 2003) [2005] MWIRC 26 (30 March 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 55 OF 2003


BETWEEN


MWADZANGATI………………………………………… APPLICANT


AND


ADVENTIST DEVELOPMENT & RELIEF AGENCY (ADRA)…..………………………………………..……… RESPONDENT



CORAM: R. Zibelu Banda (Ms) Chairperson

Applicant; present

Respondent; present

Ngalauka – Court Clerk


ORDER

Dismissal-Summary dismissal-Reason-Abscondment-Frivolous and vexatious application.


Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant absconded from work. He was asked to wait to go on transfer but he instead left for unknown destination and could not be traced by his employer.

Abscondment from work is serious industrial misconduct entitling an employer to dismiss summarily, see section 59 of the Employment Act.

This action is frivolous, vexatious and an abuse of court process and is accordingly dismissed in its entirety.

Pronounced in Open Court this 30th day of March 2005 at LIMBE.


R Zibelu Banda (Ms.)

CHAIPERSON.