INDUSTRIAL RELATIONS COURT OF MALAWI
NO. IRC 157 OF 2006
- CORAM: R. Zibelu
Banda (Ms); Chairperson
Hassam; representing the
action for want of merit-Frivolous and vexatious action.
was adjourned only for a written Order. Upon hearing the respondent
and upon hearing the applicant the court was convinced
matter lacked merit in law. The applicant was dismissed for theft. He
was prior to that theft warned on several occasions
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
did not find any unfair practice on the part of the respondent. The
respondent complied with sections 59 and 35 of the
2000. The Court found the action frivolous and vexatious and an abuse
of court process. Therefore the action was
summarily dismissed in its
this 7th day of May 2007 at BLANTYRE.