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Industrial Relations Court of Malawi - 2023 August

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1 judgment
August 2023
Kapusa v Malawi Broadcasting Corporation (IRC MATTER 44 of 2020) [2023] MWIRC 3 (17 August 2023)
Statutory compensation under s.63, not common‑law damages, governs unfair dismissal awards; upward departures require clear, justifiable reasons.
  • Employment Act s.63 — statutory compensation for unfair dismissal; distinction from common‑law damages; s.63(5) minima based on remuneration and years of service up to dismissal; s.63(4) just and equitable uplift—must be justified; improper use of immediate/future loss heads; review powers under r.5A(2).
17 August 2023