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Malawi decisions
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The Court found that Agness Phiri was constructively and unfairly dismissed after her salary was withheld and a resignation was obtained under economic duress.
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.
Bwemba v Sunbird Tourism PLC (MATTER NUMBER IRC 84 of 2023) [2024] MWIRC 10 (24 June 2024)
The Industrial Relations Court found Oswald Bwemba was unfairly dismissed by Sunbird Tourism PLC after a procedurally flawed disciplinary process. He was awarded compensation, severance, and notice pay.
Chapambali & Others v G4S Security (Mw) Limited (IRC MATTER 404 of 2016) [2022] MWHC 199 (4 October 2022)
The applicants' calculations for compensation are consistent with the judgment and statutory requirements. The court finds the applicants mitigated their loss where applicable and awards damages up to the date of new employment or to July 2022 for those still unemployed. The respondent's failure to adduce evidence leaves the applicants' version uncontroverted. The court awards compensation as calculated by the applicants' counsel.
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Paseli v Encor Products Limited (IRC MATTER 67 of 2022) [2022] MWHC 212 (25 July 2022)
The Industrial Relations Court assessed compensation after a default judgment, awarding the applicant damages for unfair dismissal and statutory employment entitlements.
Gondwe v Opportunity International Bank Limited (Civil Appeal 244 of 2015; IRC LL Matter 44 of 2012) [2021] MWHC 268 (13 August 2021)
High Court assessed damages for unfair dismissal, awarding immediate and future loss, severance pay, accrued leave, and notice pay, but rejecting interest and pension claims.
Phiri v MASM Medi Clinics Limited (MATTER NUMBER IRC 91 of 2013) [2020] MWIRC 6 (31 July 2020)
Review of an assessment in an unfair dismissal claim. The Court upheld five months’ compensation for loss, but added contract allowances to the award.
Kaunda v Registered Trustees of Karonga Diocese (MATTER NUMBER IRC 6 of 2018) [2020] MWIRC 1 (19 May 2020)
The applicant was unfairly dismissed because the respondent failed to provide adequate notice, opportunity to prepare a defence, or an impartial hearing, violating section 57(2) of the Employment Act and principles of natural justice.
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Munthali v G4S Malawi (Limited) (IRC MATTER 64 of 2017) [2020] MWIRC 2 (30 April 2020)
The Industrial Relations Court of Malawi dismissed an employee’s claims for unfair dismissal and notice pay, finding the employment contract was frustrated by mental illness and that he later resigned.
Mang'ani v People's Trading Centre Limited (MATTER NUMBER IRC 83 of 2017) [2019] MWIRC 1 (3 May 2019)
The court found the employee was unfairly dismissed because the employer failed to justify the misconduct allegation and breached procedural fairness.
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