Mmenyama v ADMARC (ir 195 OF 20044 ) (NULL) [2007] MWIRC 27 (07 May 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 195 OF 2004


BETWEEN


MMENYANGA…………………………………………… ……………...APPLICANT


-and-


ADMARC………………………………………………... ……………..RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson
Chibisa (Ms); of Counsel for the Applicant
Nchembe; representing the respondent
Nyabanga; 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 Counsel for the applicant the court was convinced that the matter lacked merit in law. The applicant was retired from service on medical advice. The applicant had discussions with his doctor on behalf of management and he accepted to go on retirement. The applicant can therefore not claim that he was retired against his wishes.


The court did not find any unfair practice on the part of the respondent. This was a termination mutually agreed upon by parties after the applicant lacked capacity to continue in the employ of the respondent. The respondent complied with section 57 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.