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Industrial Relations Court of Malawi - 2020 July

3 judgments
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3 judgments
July 2020
Phiri v MASM Medi Clinics Limited (MATTER NUMBER IRC 91 of 2013) [2020] MWIRC 6 (31 July 2020)
Review court affirmed five‑month damages for unfair dismissal, rejected 24‑month claim, and added five months’ allowances.
  • Employment law — unfair dismissal — compensation under s.63 Employment Act — measure of damages is prima facie earnings subject to mitigation — fixed‑term contracts — employment not for life — inclusion of allowances/fringe benefits in compensation — review of Registrar’s assessment under Rule 5A(2).
31 July 2020
Dumisani and 4 Others v Silver Spirits (Malawi) Limited (Old Management) t/a Samatha Food and Beverages Limited (MATTER NUMBER IRC 35 of 2018) [2020] MWIRC 5 (29 July 2020)
The applicant failed to discharge the burden of proof for terminal benefits; Labour Office calculations alone were inadequate.
  • Employment law — terminal benefits — burden of proof on employee to prove leave pay, gratuity, notice pay and service allowance; Labour Office calculation sheets insufficient without evidential foundation; signed acknowledgements of payments relevant to claim.
29 July 2020
Kagwa v People's Trading Centre Limited (MATTER NUMBER IRC 161 of 2016) [2020] MWIRC 9 (28 July 2020)
Short notice, added charge and denied cross-examination rendered the dismissal procedurally unfair; damages and severance ordered.
  • Employment law — unfair dismissal; natural justice and procedural fairness — adequate notice to prepare, particularisation of charges, right to cross-examine adverse witnesses; unproven allegations cannot ground summary dismissal; damages and severance to be assessed.
28 July 2020