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Malawi Case Law

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Employment law [2023] MWHC 79

Tandwe v Electricity Supply Commission of Malawi(ESCO M) (IRC MATTER 352 of 2019)

Tandwe v Electricity Supply Commission of Malawi(ESCO M) (IRC MATTER 352 of 2019) [2023] MWHC 79 (14 November 2023)

The Industrial Relations Court dismissed an application to decide the case on a point of law because the dismissal dispute turned on contested facts requiring trial.

  • Unfair dismissal
  • Disciplinary procedure
  • Summary determination
  • Procedural fairness
  • Unfair-dismissal
  • Disciplinary-procedure
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Employment law [2022] MWSC 20

Msiska v Times Group

Msiska v Times Group (Civil Appeal 15 of 2020) [2022] MWSC 20 (13 October 2022)

The appellant was dismissed for a valid reason, namely being under the influence of alcohol while on duty, and was afforded procedural fairness in accordance with section 57 of the Employment Act. The respondent met its obligations during the disciplinary process, and the High Court correctly evaluated the evidence and dismissed the claim. The appeal is dismissed with costs to the respondent.

  • Unfair dismissal
  • Disciplinary procedure
  • Burden of proof
  • Procedural fairness
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Labour law [2021] MWHC 340

Bandawe and Others v Blantyre Water Board (Appeal Case 5 of 2021)

Bandawe and Others v Blantyre Water Board (Appeal Case 5 of 2021) [2021] MWHC 340 (16 July 2021)

High Court of Malawi appeal from the IRC concerning alleged unfair dismissal over illegal water connections. The court held the grounds challenged factual findings and dismissed the appeal.

  • Unfair dismissal
  • Right to fair hearing
  • Appeals on questions of law
  • Disciplinary procedure
  • Unfair-dismissal
  • Fair-hearing
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Employment law [2021] MWIRC 1

Kamanga and Another v Carlsberg Malawi Limited (MATTER NUMBER IRC 29 of 2014)

Kamanga and Another v Carlsberg Malawi Limited (MATTER NUMBER IRC 29 of 2014) [2021] MWIRC 1 (10 March 2021)

The Industrial Relations Court held that both employees were unfairly dismissed because Carlsberg Malawi Limited failed to prove valid reasons and adequate investigation.

  • Unfair dismissal
  • Summary dismissal
  • Burden of proof
  • Disciplinary procedure
  • Unfair-dismissal
  • Summary-dismissal
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Employment law [2019] MWIRC 9

Jetu and Another v Group 4 Securicor Malawi Limited (IRC MATTER 106 of 2012)

Jetu and Another v Group 4 Securicor Malawi Limited (IRC MATTER 106 of 2012) [2019] MWIRC 9 (6 November 2019)

The Industrial Relations Court of Malawi found an employee was unfairly dismissed after the employer failed to prove fuel siphoning and had not investigated adequately.

  • Unfair dismissal
  • Burden of proof
  • Disciplinary procedure
  • Severance pay
  • Unfair-dismissal
  • Burden-of-proof
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Labour law [2019] MWIRC 15

Mbowe v Illovo Sugar Company (IRC MATTER 20 of 2011)

Mbowe v Illovo Sugar Company (IRC MATTER 20 of 2011) [2019] MWIRC 15 (29 October 2019)

The Industrial Relations Court dismissed a claim for unfair dismissal and terminal benefits, finding the employer had valid grounds and followed fair procedure.

  • Unfair dismissal
  • Terminal benefits
  • Disciplinary procedure
  • Unfair-dismissal
  • Terminal-benefits
  • Disciplinary-procedure
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Employment law [2019] MWIRC 4

Chipeta v Registered Trustees of St Johns Hospital (IRC MATTER 2 of 2014)

Chipeta v Registered Trustees of St Johns Hospital (IRC MATTER 2 of 2014) [2019] MWIRC 4 (13 June 2019)

The applicant was not properly notified of charges or given a fair hearing, the probationary period was improperly extended without consent, and the respondent failed to prove a valid reason for dismissal connected to the applicant’s core duties. The dismissal was therefore unfair and contrary to the Employment Act and Constitution.

  • Unfair dismissal
  • Probationary employment
  • Right to be heard
  • Disciplinary procedure
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Employment law [2019] MWHC 117

Kambale & Anor. v CEAR

Kambale & Anor. v CEAR (Civil Appeal 6 of 2017) [2019] MWHC 117 (29 April 2019)

High Court civil appeal over dismissal for alleged negligence in failing to secure a failed train. The court upheld the Industrial Relations Court and dismissed the appeal.

  • Unfair dismissal
  • Disciplinary procedure
  • Natural justice
  • Appeals on questions of law
  • Procedural fairness
  • Unfair-dismissal
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Employment law [2018] MWHC 1022

Masauli v Malawi Savings Bank (IRC Appeal 2 of 2017)

Masauli v Malawi Savings Bank (IRC Appeal 2 of 2017) [2018] MWHC 1022 (18 October 2018)

The appellant was accorded a fair hearing as required by law and there was a valid reason for dismissal substantiated by evidence; therefore, the appeal fails.

  • Unfair dismissal
  • Disciplinary procedure
  • Right to fair hearing
  • Valid reason for dismissal
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Employment law [2018] MWHC 914

Masauli v Malawi Savings Bank (IRC Appeal 2 of 2017)

Masauli v Malawi Savings Bank (IRC Appeal 2 of 2017) [2018] MWHC 914 (18 October 2018)

The appellant was given a fair hearing as required by law, and the reason for dismissal (unauthorized extension of credit) was valid and substantiated by evidence. The grounds of appeal did not raise questions of law that could succeed.

  • Unfair dismissal
  • Disciplinary procedure
  • Right to fair hearing
  • Validity of dismissal
  • Appeals on questions of law
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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.