INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 77 OF 2001
BLANTYRE NETTING CO LTD
- CORAM: R. Zibelu
Nkuna; of Counsel
Ngalauka; Court Clerk
benefits-Payment of-Burden of proof-Applicant to prove that he did
not receive- Frivolous and vexatious action-Dismissed.
hearing the applicant and the respondent the court finds that the
applicant failed to show on a balance of probabilities that
not receive his long service pay. The respondent on the other hand
proved through a signed receipt that the applicant received
benefits after termination of his contract of employment.
finds that this is a frivolous and vexatious action and an abuse of
court process therefore this action is dismissed in
- 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
in Open Court this 21st day of April 2005 at LIMBE.