IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 46 OF 2005

BETWEEN

NTWANA….………………………………………………
……………...APPLICANT

-and-

SOUTHERN BOTTLERS LTD………………………...
……………..RESPONDENT

CORAM: R. Zibelu
Banda (Ms); Chairperson

Kalichero;
Personnel Manager for Respondent

Applicant; present

Nyabanga; Official
Interpreter

ORDER

Dismissal-Procedure-Hearing-Membership
of hearing panel-Union representative-Applicant heard- Hearing
fair-Frivolous and vexatious
action-Dismissed.

The matter
was adjourned only for a written Order. Upon hearing the applicant
and upon hearing the respondent the Court found that
the applicant
was invited to a hearing. He was heard in the presence of a properly
constituted forum including a union representative.
After the case
was heard, the Applicant was asked to leave the interview room so
that the matters could be deliberated. The applicant
found this
unfair. The Court however found that this was normal procedure. The
applicant was heard, he asked questions for clarification.
He was
represented by a union representative who attended the deliberations
and was part of the team that recommended the applicant’s

termination.

The court
did not find any unfair practice on the part 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.

Pronounced
in Open Court this 7^th day of May 2007 at BLANTYRE.

R Zibelu
Banda (Ms.)

CHAIRPERSON.