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Malawi decisions
Decisions matching the current search
The High Court dismissed the defendants’ application to set aside a stay of judicial review proceedings, holding the motion was incompetent and that the stay stood.
The Industrial Relations Court found that Peter Pelekamoyo was unfairly dismissed and subjected to unfair labour practices by the Council of the University of Malawi.
The Industrial Relations Court held that repeatedly renewed fixed-term contracts were in substance permanent employment, making the non-renewals unfair dismissals and unfair labour practices.
The Industrial Relations Court recused itself after noting a personal relationship between the presiding officer and the Applicant, creating an appearance of bias.
The Industrial Relations Court found Crispin Gondwe was unfairly dismissed and that Roads Authority committed unfair labour practices, but deferred assessment of remedies.
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.
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.
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.
The Industrial Relations Court held that Holmes Banda was entitled to prorated gratuity and damages after MUBAS unlawfully appointed him permanently and then denied the benefit.
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.
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