Lazaros v Printec Industries (IRC 157of 20066) (NULL) [2007] MWIRC 24 (07 May 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 157 OF 2006


BETWEEN


LAZAROS…….…………………………………………… ……………...APPLICANT


-and-


PRINTEC INDUSTRIES……………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson
Applicant; present
Hassam; 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 was dismissed for theft. He was prior to that theft warned on several occasions for misconduct. The claim for theft was not disputed. The applicant could therefore not claim notice pay or severance allowance as the termination was with immediate effect meaning summary dismissal in accordance with section 59 of the Employment Act 2000. The applicant was not entitled to severance allowance pursuant to section 35 (6) (b) of the Employment Act.


The court did not find any unfair practice on the part of the respondent. The respondent complied with sections 59 and 35 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.