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Malawi decisions
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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 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 Court found the applicant was an employee and had been unfairly dismissed without a hearing or valid reason. Relief was left for later assessment.
Banda v Paladin (Africa) Ltd (IRC MATTER 28 of 2014) [2020] MWIRC 3 (23 October 2020)
The court found that the respondent failed to consider mitigating circumstances, past record, and alternative sanctions as required by law and company policy, rendering the dismissal unfair under sections 57 and 61(2) of the Employment Act. The applicant is entitled to compensation.
Source excerpt
Kagwa v People's Trading Centre Limited (MATTER NUMBER IRC 161 of 2016) [2020] MWIRC 9 (28 July 2020)
The Industrial Relations Court found the dismissal unfair because the employee lacked adequate notice, faced an added charge without notice, and could not cross-examine key witnesses.
Manda v Kawalazi Estate Company Limited (IRC MATTER 34 of 2017) [2019] MWIRC 7 (15 August 2019)
The Industrial Relations Court found the employee was unfairly dismissed after the employer failed to prove the theft allegation and fairness of the process.
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