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The Industrial Relations Court held that the Applicant was entitled to acting allowance, compensation for unfair dismissal and labour practices, severance pay, and repatriation costs.
The Industrial Relations Court held that the employer’s deductions from terminal benefits were unlawful, and awarded the worker withheld pay, leave pay, overtime, and pension remittances.
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 in Zomba granted summary disposal on points of law, entering judgment for Kajuli Kaitano & 9 Others against ESCOM for overtime shortfall and unfair labour practice compensation.
The Industrial Relations Court held that Paliani Chinguwo was unfairly dismissed by MCTU because he was not heard and the abscondment allegation was not justified.
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.
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.
The High Court of Malawi held that the challenged secondment decisions were amenable to judicial review, dismissed the discharge application with costs, and kept the stay in place.
The Industrial Relations Court granted summary disposal, entered liability for overtime shortfall, and awarded each Applicant MK 4,000,000 for unfair labour practices.
Msyali v Malawi Housing Corporation (IRC MATTER 99 of 2024) [2025] MWHC 11 (25 April 2025)
Under the Employment Act, an employer cannot lawfully forfeit annual leave earned and accrued by an employee if not granted before termination; contractual terms purporting forfeiture are void. The applicant is entitled to remuneration for all earned and untaken leave not granted before termination, to be assessed in a subsequent trial.
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