IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 14 OF 2004

BETWEEN

AMADU…….………………………………………………
……………...APPLICANT

-and-

MALDECO FISHERIES...……………………………...
……………..RESPONDENT

CORAM: R. Zibelu
Banda, Chairperson

Chima; for
Respondent

Applicant; present

Tembo; Court Clerk

ORDER

Dismissal-
Reason-Misconduct-Flouting company procedures-Deliberate-Procedure-
Disciplinary hearing-Frivolous and vexatious action-Dismissed.

Upon
hearing the applicant the court finds that the applicant admitted
deliberate flouting company procedures by selling company
fish at a
price not recommended by the company. This type of misconduct has
been held to constitute valid ground for dismissal:
Misoya and
anor V Mc Connel & Co. [Matter Number IRC 66/67 of 2003
(unreported)].

The
applicant admitted appearing before a disciplinary hearing to state
his case. The respondent complied with the law.

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.

Pronounced
in Open Court this 19^th day of April 2005 at LIMBE.

R Zibelu
Banda (Ms.)

CHAIRPERSON.