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Industrial Relations Court of Malawi - 2020 May

2 judgments
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2 judgments
May 2020
Tchuwa v Carlsberg Malawi Limited (MATTER NUMBER IRC 79 of 2017) [2020] MWIRC 4 (22 May 2020)
Employer may deduct for shortages but must give prior written notice and an opportunity to be heard before deducting terminal benefits.
  • Employment law — Deductions for shortages — Restitution from terminal benefits; Procedural fairness — Right to be heard and written reasons — Constitution ss. 43 & 31; Lawful entitlement to deduct does not excuse failure to follow natural justice; Pension protection from deduction (limited).
22 May 2020
Kaunda v Registered Trustees of Karonga Diocese (MATTER NUMBER IRC 6 of 2018) [2020] MWIRC 1 (19 May 2020)
Employee unfairly dismissed due to procedural defects and apparent bias; awarded compensation, other claims dismissed.
  • Employment law — unfair dismissal — section 57 Employment Act — procedural fairness (notice, particulars, reasonable time, right to call and cross‑examine witnesses) — apprehended bias of decision‑maker — remedies: compensation, notice pay, severance, pension contributions.
19 May 2020