Aaron v Blantyre Netting Co. Ltd (IRC 77 of 2001 ) (77 of 2001) [2005] MWIRC 29 (21 April 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 77 OF 2001


BETWEEN


AARON……..……………………………………………… ……………...APPLICANT


-and-


BLANTYRE NETTING CO LTD……………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda, Chairperson
Nkuna; of Counsel for Respondent
Applicant; present
Ngalauka; Court Clerk


ORDER

Terminal benefits-Payment of-Burden of proof-Applicant to prove that he did not receive- Frivolous and vexatious action-Dismissed.



Upon hearing the applicant and the respondent the court finds that the applicant failed to show on a balance of probabilities that he did not receive his long service pay. The respondent on the other hand proved through a signed receipt that the applicant received all his benefits after termination of his contract of employment.


The court finds that this is a frivolous and vexatious action and an abuse of court process therefore this action is dismissed in its entirety.


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 Act.

Pronounced in Open Court this 21st day of April 2005 at LIMBE.




R Zibelu Banda (Ms.)

CHAIRPERSON.