IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 77 OF 2001

BETWEEN

AARON……..………………………………………………
……………...APPLICANT

-and-

BLANTYRE NETTING CO LTD……………………...
……………..RESPONDENT

CORAM: R. Zibelu
Banda, Chairperson

Nkuna; of Counsel
for Respondent

Applicant; present

Ngalauka; Court Clerk

ORDER

Terminal
benefits-Payment of-Burden of proof-Applicant to prove that he did
not receive- Frivolous and vexatious action-Dismissed.

Upon
hearing the applicant and the respondent the court finds that the
applicant failed to show on a balance of probabilities that
he did
not receive his long service pay. The respondent on the other hand
proved through a signed receipt that the applicant received
all his
benefits after termination of his contract of employment.

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.

Any party aggrieved by
this decision has the right of appeal to the High Court within 30
days of this decision. Appeal lies only
on matters of law and
jurisdiction and not facts: Section 65 (2) of the Labour Relations
Act.

Pronounced
in Open Court this 21^st day of April 2005 at LIMBE.

R Zibelu
Banda (Ms.)

CHAIRPERSON.