IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 367 OF 2003
LUNGU ... APPLICANT
MALEZA . ....... . ..RESPONDENT
CORAM: Hon. R. Zibelu Banda (Ms) Chairperson
Respondent; Mfune, Executive Director
Mpakani; Court Clerk
to be heard- Frivolous and vexatious application.
Upon hearing both parties to this case and upon going through the court record, the court finds that the applicant was of dishonest character. The applicant was on several occasions warned for misconduct relating to theft. Each time the applicant got a warning, he was asked to explain his side. After three warning letters and several verbal warnings, the applicant was dismissed. Before dismissal the applicant was asked to explain his side and defend himself.
Dishonesty is serious industrial misconduct entitling an employer to dismiss summarily, because it is conduct that is inconsistent with the fulfillment of the express or implied conditions of contract of employment such that it would be unreasonable to require the respondent to continue the employment relationship, see section 59 of the Employment Act, and also see Ibrahim V Suncrest Creameries Ltd [Matter Number IRC 73 of 2003 (unreported). The respondent had valid reason to dismiss the applicant.
This action was frivolous, vexatious and an abuse of court process and is accordingly dismissed in its entirety. Any party not satisfied with this decision is at liberty to appeal to the High Court in accordance with section 65 (2) of the Labour Relations Act within 30 days of this judgment.
Pronounced in Open Court this 1st day of June 2005 at Lilongwe.
R Zibelu Banda (Ms.)