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Malawi Case Law

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Labour and employment law

Crispin Gondwe v Roads Authority

The Industrial Relations Court found Crispin Gondwe was unfairly dismissed and that Roads Authority committed unfair labour practices, but deferred assessment of remedies.

  • Unfair dismissal
  • Unfair labour practices
  • Disciplinary hearing procedure
  • Procedural fairness
  • Substantive fairness
  • Remedies in employment disputes
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Labour and employment law

Flora Jelenje Makata v South Atlantic Asset Management Limited

The Industrial Relations Court held that an employer could not stop an employee’s salary for alleged abscondment without a disciplinary hearing; liability was decided for the applicant.

  • Withholding of wages
  • Disciplinary hearing and due process
  • Abscondment/absence from work
  • Unfair labour practices
  • Assessment of remedies/quantum
  • Interest on wrongfully withheld wages
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Employment law

Susan Bizwick v Speedy's Food Industries Limited

The Industrial Relations Court held that Susan Bizwick was unfairly dismissed by Speedy’s Food Industries Limited after it failed to prove a valid reason or hold a disciplinary hearing.

  • Unfair dismissal
  • Procedural fairness
  • Substantive fairness
  • Right to be heard
  • Burden of proof
  • Remedies assessment
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Employment law

Sweety John Bosco v Central High International School

The Industrial Relations Court found that Sweety John Bosco was unfairly dismissed by Central High International School and had proven leave and overtime claims, with quantum deferred.

  • Unfair dismissal
  • Procedural fairness
  • Substantive fairness
  • Unfair labour practices
  • Leave pay
  • Overtime pay
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Labour law

Macdonald Kanjobvu v Malawi National Examination Board

The Industrial Relations Court held that the dismissal was procedurally unfair because the investigator sat on the disciplinary panel, the appeal was heard by an involved officer, and disclosure duties were breached.

  • Unfair dismissal
  • Unfair labour practices
  • Procedural fairness
  • Nemo judex in causa sua
  • Disciplinary hearing
  • Appeal process
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Labour law

Gomegza Nkhwazi v FDH Bank Limited

Assessment of compensation after liability was established: the Court awarded unfair dismissal compensation, constitutional damages for unfair labour practices, severance pay, and deducted a staff loan balance.

  • Unfair dismissal
  • Unfair labour practices
  • Compensation assessment
  • Severance allowance
  • Loan set-off
  • Appeal rights
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Criminal law

Republic v Lin Yunhua

The High Court dismissed the State’s ex parte bid to withdraw a corruption trial, holding that the Criminal Procedure and Evidence Code withdrawal provision did not apply to High Court cases.

  • Corrupt practices with public officers
  • Abuse of office
  • Abuse of public office
  • Withdrawal of criminal proceedings
  • Discontinuance
  • Jurisdiction of the high court
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About this LexChat collection

Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.