Msowoya v Admarc (52 of 2005) [2008] MWHC 214 (25 May 2008)

Msowoya v Admarc (52 of 2005) [2008] MWHC 214 (25 May 2008)

The Employment Act 2000 does not apply to employment terminated before its enactment; compensation assessed by the lower court stands as just and equitable, and terminal dues stipulated in the letter of termination must be paid in full less any outstanding debts.

Citation
[2008] MWHC 214
Parties
Appellant: D. E. Msowoya; Respondent: ADMARC
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
25 May 2008
Case Number
52 of 2005
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Compensation Assessment, Retrospective Application of Statute
Source Language
English
Employment Law Unfair Dismissal Compensation Assessment Retrospective Application of Statute

Case Brief

Summary, issues, holding and outcome

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Parties

D. E. Msowoya

Appellant

ADMARC

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Act 2000 applies to employment terminated before its enactment
  2. 2 Whether the compensation assessed by the lower court was in accordance with the applicable law

Ratio Decidendi

The Employment Act 2000 does not apply to employment terminated before its enactment; compensation assessed by the lower court stands as just and equitable, and terminal dues stipulated in the letter of termination must be paid in full less any outstanding debts.

Court Disposition

appeal dismissed

Orders

  • Award made by the lower court in its assessment order to stand
  • Terminal dues stipulated in the letter of termination to be paid in full less any outstanding debts