Mwenelande v Malawi Pharmacies Ltd (IRC 144 of 2002 ) (144 of 2002) [2006] MWIRC 39 (10 April 2006);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 144 OF 2002


BETWEEN


MWENELWANDA……………………………………… ……………...APPLICANT

-and-

MALAWI PHARMACIES LTD……………………... ……………..RESPONDENT


CORAM: R. Zibelu Banda, Chairperson
Kapezi; Legal Officer for Respondent
Applicant; present
Chinkudzu; Offficial Interpreter


JUDGMENT

Dismissal- Justification-Reason-Retirement-Mutual agreement to early retirement-Frivolous and vexatious action.


Upon hearing the applicant and upon hearing the respondent, the court finds that the applicant through his letter marked exhibit RP1 to management of the respondent’s company requested to be put on early retirement. This request was made after the applicant was found guilty of misconduct that led to loss of production. The applicant after appearing before a disciplinary hearing and giving his side of the story was recommended for dismissal. In mitigation, the applicant pleaded with management in the letter referred to above, that he should be put on early retirement instead of termination. The respondent considered the applicant’s request in light of the fact that the applicant had put in some considerable service into the respondent’s company. The respondent also considered their terms and conditions of service which provided for early retirement where an employee was within five years to normal retirement, clause 28.2 of exhibit RP2. The applicant could not be allowed to come to court to challenge the termination when it was mutually agreed at the applicant’s own request that he should be considered for early retirement instead of facing dismissal due to misconduct.


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 dissatisfied with this decision is at liberty to appeal to the High Court within 30 days of this judgment.


Pronounced in Open Court this 10th day of April 2006 at BLANTYRE.



Rachel Zibelu Banda

CHAIRPERSON.