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 7^th day of May 2007 at BLANTYRE.

R Zibelu
Banda (Ms.)

CHAIRPERSON.