Skip to document content Skip to main menu Skip to search

Industrial Relations Court of Malawi - 2024

12 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
12 judgments
November 2024
Wandawanda v Standard Bank PLC (IRC MATTER 752 of 2020) [2024] MWIRC 11 (1 November 2024)
Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
  • Employment law — redundancy and retrenchment — s.57(1) Employment Act — duty to consult where employer’s terms/policy require it — relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines — procedural fairness, meaningful consultation and use of proper evidence — unfair dismissal and compensation.
1 November 2024
June 2024
Bwemba v Sunbird Tourism PLC (MATTER NUMBER IRC 84 of 2023) [2024] MWIRC 10 (24 June 2024)
Employee unfairly dismissed due to procedural bias and defective charges; awarded compensation, severance and notice pay.
  • Employment law — Unfair dismissal — Procedural fairness and natural justice — Investigator sitting on disciplinary panel (bias) — Insufficient particulars in charges — Employer’s burden to prove valid reason and act with justice and equity — Compensation and severance calculations — Bonus eligibility.
24 June 2024
May 2024
Kalua v Standard Bank PLC (MATTER NUMBER IRC 631 of 2021) [2024] MWIRC 9 (3 May 2024)
Dismissal for negligently authorising suspect cheques and poor supervision was substantively and procedurally fair.
  • Employment law — unfair dismissal; supervisory duty and record-keeping in banking; negligence/recklessness in authorising cheques; procedural fairness in disciplinary hearings; discrimination and proportionality of dismissal.
3 May 2024
March 2024
Malumbe v Malawi Telecommunications Limited (IRC MATTER 414 of 2014) [2024] MWIRC 4 (26 March 2024)
Assessment of compensation for unfair dismissal: five months’ pay per year, pension, and 200% boost for inflationary devaluation.
  • Employment law — Unfair dismissal for non‑hearing (s57, s58 Employment Act) — Compensation assessment (s63(4) & s63(5)) — Years of service post‑privatisation — Employer pension contributions — Boosting awards for devaluation/inflation.
26 March 2024
February 2024
Nkolokosa & 18 others v Banja Lamtsogolo Limited (IRC MATTER 456 of 2017) [2024] MWIRC 3 (27 February 2024)
Court dismissed motion to restore stay where respondent failed to prosecute appeal and counsel cited no law, awarding costs to applicants.
  • Civil procedure — stay of execution pending appeal — prolonged failure to prosecute appeal — court's power to set aside irregular steps (Rule 25(k)) — requirement to cite governing law in motions.
27 February 2024
Cecilia Kuluwani v National Bank of Malawi (MATTER NUMBER IRC 488 of 2015) [2024] MWIRC 12 (20 February 2024)
Court assessed unfair dismissal compensation using current salary, reduced for partial contribution, and awarded severance with 50% payment condition for appeal.
  • Labour Law
    • — Unfair Dismissal — Assessment of compensation under s63(4)–(5) Employment Act — Use of current salary to retain purchasing power
    • — Severance Allowance — Computation under First Schedule and s35(2) Employment Act — Basis of remuneration
    • — Appeal/Execution — Filing an appeal does not stay payment; leave to appeal subject to 50% payment pending appeal
20 February 2024
Kalambule and & 4 others v G4S Secure Solutions Malawi Limited (IRC MATTER 719 of 2018) [2024] MWIRC 2 (20 February 2024)
Court awarded one month’s pay per year, doubled for devaluation, and rejected unproven bonus claims.
  • Employment law — Unfair dismissal — Assessment of compensation under s63(4) and (5) Employment Act — One month’s pay per completed year awarded — Claim for 2018 bonuses failed for lack of evidence — 100% uplift granted for currency devaluation and inflation.
20 February 2024
Kalipinde v Omega Protection Securities (IRC MATTER 411 of 2021) [2024] MWIRC 8 (20 February 2024)
Applicant proved entitlement to withheld wages, leave, overtime and pension; court awarded principal plus interest totalling MK801,738.71.
  • Employment law — withholding of wages and terminal benefits — entitlement to unpaid leave, overtime, wages and pension contributions; burden of proof on balance of probabilities where respondent absent; interest awardable on wrongfully withheld terminal dues (s.53 Employment (Amendment) Act 2010).
20 February 2024
Kuluwani v National Bank of Malawi (IRC MATTER 488 of 2015) [2024] MWIRC 1 (20 February 2024)
Assessment of unfair dismissal compensation using current salary to preserve purchasing power; partial contribution reduces award; severance computed accordingly.
  • Unfair dismissal — procedural fairness — denial of right to confront witnesses; Compensation under s.63(4)–(5) Employment Act; Use of current salary to preserve purchasing power; Partial employee contribution reduces award; Severance computation under First Schedule and s.35(2); Appeal does not stay award — 50% payment pending appeal.
20 February 2024
January 2024
Malikebu and 3281 Others v Agricultural Development Marketing Corporation Limited (IRC MATTER 554 of 2023) [2024] MWIRC 7 (29 January 2024)
Employer must consult employees before retrenchment; ministerial forced leave without consultation amounted to unfair dismissal and unfair labour practices.
  • Labour law — retrenchment — duty to consult employees before operational dismissals — Ministerial directive without Board authority — unfair dismissal; unfair and unsafe labour practices — compensation assessment.
29 January 2024
Nthala v Malawi Airlines Limited (IRC MATTER 483 of 2023) [2024] MWIRC 6 (17 January 2024)
Respondent’s internal negligence or poor communication does not justify setting aside a default judgment or staying its execution.
  • Industrial Relations Court — default judgment — service of process — setting aside default judgment — stay of execution pending appeal — burden to show special circumstances — internal negligence not sufficient — assessment of compensation to proceed.
17 January 2024
Kandulo and Another v Avis Rent A Car Limited (IRC MATTER 89 of 2017) [2024] MWIRC 5 (2 January 2024)
Stay of execution pending appeal denied for lack of special circumstances and misleading conduct; costs awarded; enforcement ordered.
  • Civil procedure — Stay of execution pending appeal — applicant must show special circumstances; duly served party’s non-attendance and misleading affidavits negate entitlement to stay; costs may be awarded where motion is frivolous or dilatory.
2 January 2024