Kassim v Shezad Wholesale (IRC 304 of 2006 ) (304 of 2006) [2007] MWIRC 23 (07 May 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 304 OF 2006


BETWEEN


KASSIM...…….…………………………………………… ……………...APPLICANT


-and-


SHEZAD WHOLESALE……………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson
Applicant; present
Rafiq (Mrs); representing the respondent
Ngalauka; Official Interpreter


ORDER

Dismissing action for want of merit-Frivolous and vexatious action.



The matter was adjourned only for a written Order. Upon hearing the respondent and upon hearing the applicant the court was convinced that the matter lacked merit in law. The applicant claimed overtime for working on his day off. The respondent had documentary proof properly signed for by the applicant that his wages were calculated based on an eight day week instead of six day week. The respondent showed that the applicant was being paid double for working on Sunday. The applicant’s daily wage was MK125. For working on Sunday he was receiving MK250. The applicant was therefore duly paid for working overtime. The applicant could therefore not claim overtime.


The court did not find any unfair practice on the part of the respondent. The respondent complied with section 39 of the Employment Act 2000. The Court found the action frivolous and vexatious and an abuse of court process. Therefore the action was summarily dismissed in its entirety.


Made this 7th day of May 2007 at BLANTYRE.



R Zibelu Banda (Ms.)

CHAIRPERSON.