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Malawi decisions
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S ( On application of Mike Sambakunsi) v Council of the University of Malawi (Judicial Review 15 of 2021) [2021] MWHCCiv 14 (6 April 2021)
The High Court refused leave for judicial review of an employment termination dispute, holding that the Industrial Relations Court had original jurisdiction.
Chamhanya & Ors. v Attorney General (Secretary to the Treasury) (Civil Cause 286 of 2018) [2018] MWHC 1108 (19 September 2018)
The High Court of Malawi refused an interlocutory injunction stopping termination of employment contracts, holding there was no existing cause of action and damages would suffice.
Mazhunde v Vanguard Life Assurance CO. LTD (Civil Appeal 16 of 2015) [2018] MWHC 849 (5 September 2018)
The respondent's unilateral decision to backdate and shorten the appellant's notice period, thereby depriving him of contractual and statutory benefits, constituted an unfair dismissal as there was no valid reason provided and no opportunity to be heard, contrary to the Employment Act.
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Premium Tama Tobacco Limited v Mambala & Ors. (Civil Appeal 103 of 2015) [2016] MWHC 714 (1 January 2016)
The appeal was dismissed because the Industrial Relations Court's finding that there were no genuine reasons for retrenchment was a finding of fact, which is final and not open to challenge on appeal. The legal principle that no consultation is required in genuine retrenchment does not apply where the retrenchment is not genuine.
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Malipa & Ors. v Attorney General (Civil Cause 889 of 2005) [2007] MWHC 77 (18 June 2007)
The High Court assessed damages after default judgment for employees whose fixed-term contracts were tacitly renewed and then ended without notice.
Malawi Railways Ltd v Nyasulu (MSCA Civil Appeal 13 of 1992) [1998] MWSC 3 (10 November 1998)
The court held that implied terms limiting dismissal had not been pleaded, the pension scheme did not bar termination on notice, and no tort duty arose.
Blantyre Netting Co v Chidzulo (MSCA Civil Appeal 17 of 1995) [1996] MWSC 1 (2 September 1996)
Payment of one month's salary in lieu of three months' notice under Rule 6 is inconsistent with section 31(1) of the Constitution, as it does not constitute fair remuneration. Contractual terms that contravene constitutional rights cannot be upheld. The appeal fails as Rule 6 infringes the respondents' right to fair remuneration.
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Kamlete v AG (Civil Cause 925 of 1995) [1996] MWHCCiv 16 (19 July 1996)
The matter involves substantial factual disputes and legal issues beyond the scope of originating summons; it should proceed as if begun by writ.
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Mobil Oil Malawi Limited v Mutsinze (Civil Cause 1510 of 1992) [1993] MWHCCiv 44 (6 August 1993)
The High Court granted Mobil Oil an interim injunction restraining a former employee from remaining in company housing after resignation.
Mobil Oil ( Malawi) Limited v Mutsinze (Civil Cause 1510 of 1992) [1993] MWHC 18 (6 August 1993)
The defendant's right to occupy the house was a licence dependent on his employment, which terminated upon resignation. No legal right exists for continued occupation. Damages would not be an adequate remedy for the plaintiff, and the balance of convenience favours granting the injunction.
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