Malawi Case Law

Duddley Chizungu & 14 Others v The Attorney General (Ministry of Finance, Economic planning & Development) (Nil)

Duddley Chizungu & 14 Others v The Attorney General (Ministry of Finance, Economic planning & Development) (Nil) [2021] MWHC 199 (13 August 2021)

Court

High Court of Malawi

Case number

Nil

High Court assessment of damages after arbitral liability admissions in an employment dispute over early termination, extra project work, and one underpayment claim.

• Unlawful termination
• Damages assessment
• Extra work compensation
• Underpayment
• Interest on salary claims
• Arbitration fees

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Telekom Networks Malawi Ltd v Bodole

Telekom Networks Malawi Ltd v Bodole (Civil Appeal Cause 4 of 2019) [2020] MWHCCiv 42 (10 September 2020)

Court

High Court of Malawi Civil Division

Case number

Civil Appeal Cause 4 of 2019

The High Court held that employment contracts transferred automatically on sale of the undertaking under section 32(2) of Malawi’s Employment Act, but reduced the compensation awarded.

• Transfer of employment contracts
• Unlawful termination
• Retirement age
• Compensation for unfair dismissal
• Mitigation of loss
• Employment-contract-transfer

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Kingstone Lapukeni v Malawi Revenue Authority (IRC Appeal 10 of 2013)

Kingstone Lapukeni v Malawi Revenue Authority (IRC Appeal 10 of 2013) [2019] MWHC 85 (17 January 2019)

Court

High Court of Malawi

Case number

IRC Appeal 10 of 2013

The High Court held that a new employment contract arose by conduct after expiry of the first contract, and that the employer unlawfully terminated it.

• Contract renewal
• Unlawful termination
• Damages
• Employment benefits
• Employment-law
• Contract-renewal

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Jere v Lark Coton Malawi

Jere v Lark Coton Malawi (Civil Cause 1141 of 2006) [2007] MWHC 63 (28 February 2007)

Court

High Court of Malawi

Case number

Civil Cause 1141 of 2006

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.

Source excerpt

• Default judgment
• Jurisdiction
• Labour disputes
• Unlawful termination
• False imprisonment

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Pharmanova v Msuku

Pharmanova v Msuku (Civil Appeal 6 of 2003) [2004] MWHC 87 (20 July 2004)

Court

High Court of Malawi

Case number

Civil Appeal 6 of 2003

The High Court upheld the finding that Msuku’s termination was unlawful for lack of transparent reasons, but quashed an unproved rent award and upheld repatriation costs.

• Unlawful termination
• Severance allowance
• Repatriation allowance
• Judicial notice
• Burden of proof
• Employment-law

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Monica Chindongo v K Cremer & Ors.

Monica Chindongo v K Cremer & Ors. (Civil Cause 3654 of 1998) [2002] MWHC 68 (11 November 2002)

Court

High Court of Malawi

Case number

Civil Cause 3654 of 1998

The defendants, acting in concert and with malice, published false and defamatory statements about the plaintiff and conspired to procure her removal from employment, resulting in her loss of employment and benefits. The means employed were tortious and the predominant purpose was to injure the plaintiff. The plaintiff is entitled to damages for libel, conspiracy, and aggravated damages.

Source excerpt

• Libel
• Conspiracy
• Intimidation
• Unlawful termination
• Aggravated damages

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Harawa v SUCOMA

Harawa v SUCOMA (Civil Cause 1418 of 1997) [2002] MWHC 15 (1 May 2002)

Court

High Court of Malawi

Case number

Civil Cause 1418 of 1997

The High Court of Malawi held that Harawa’s employment was lawfully terminated with notice and terminal benefits, and dismissed his wrongful dismissal claim with costs.

• Wrongful dismissal
• Unlawful termination
• Employment benefits
• Contract of employment
• Employment-law
• Wrongful-dismissal

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