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Malawi decisions
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Gestetner LTD v Mhango, Silungwe & Gondwe (Commercial Cause 66 of 2020) [2024] MWHC 1 (22 January 2024)
The High Court Commercial Division held that a dispute over a restraint of trade clause in employment contracts belonged in the Industrial Relations Court, and dismissed the case for want of jurisdiction.
Attorney General v Mukuru Money Transfer (Civil Cause 204 of 2021) [2022] MWHCCiv 26 (23 March 2022)
The High Court of Malawi dismissed an application for summary judgment, finding a real dispute over whether the claimant was unfairly dismissed from employment.
Chiviya v AG & Anor. (Civil Cause 204 of 2021) [2022] MWHCCiv 24 (23 March 2022)
The High Court of Malawi dismissed a claimant’s request for summary judgment against Mukuru Money Transfer, finding a real dispute over the fairness of her dismissal.
Chimombo v Universal Industires (Civil Cause 1225 of 2006) [2008] MWHC 70 (17 March 2008)
Although the Industrial Relations Court is the appropriate forum for labour disputes, the application to transfer was made after the plaintiff had already taken steps in the High Court. It would be unfair to transfer at this stage; therefore, the proceedings will continue in the High Court.
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Jere v Lark Coton Malawi (Civil Cause 1141 of 2006) [2007] MWHC 63 (28 February 2007)
The proceedings were irregular as the matter was commenced in the High Court instead of the Industrial Relations Court, which has original jurisdiction over employment-related disputes, including claims for false imprisonment arising from employment issues. The default judgment is set aside on this basis.
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Malawi Telecommunication LTD v Malawi Posts and Telecommunications Workers Union (Civil Cause 2721 of 2001) [2001] MWHC 107 (16 October 2001)
The High Court retains unlimited original jurisdiction over civil matters, including labour and employment disputes, unless expressly ousted by statute. The Industrial Relations Court's jurisdiction is not exclusive, and the High Court cannot dismiss an action merely because the Industrial Relations Court also has jurisdiction. The employer's claim for injunction and breach of contract is properly before the High Court, as the Industrial Relations Court does not have jurisdiction over torts or employer claims for breach of contract.
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In re: S 35 of The Employment Act (No.6 of 2000); Makalani v National Bank of Malawi (Civil Cause 1491 of 2001) [2001] MWHC 42 (30 August 2001)
The High Court held that an employment severance claim had to start in the Industrial Relations Court, not the High Court, and dismissed the summons with costs.
Kaunde v Malawi Telecommunications LTD (Civil Cause 687 of 2001) [2001] MWHC 108 (18 May 2001)
The High Court lacks original jurisdiction to hear employment disputes where the Employment Act provides for the Industrial Relations Court as the proper forum. No exceptional circumstances were demonstrated to justify bypassing the Industrial Relations Court. The proceedings must be commenced before the Industrial Relations Court.
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Kaunde v Malawi Telecommunication Ltd (Civil Cause 687 of 2001) [2001] MWHC 26 (17 May 2001)
The High Court held that a labour dispute under the Employment Act should first be brought before the Industrial Relations Court, not the High Court.
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