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Industrial Relations Court of Malawi - 2025

9 judgments
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9 judgments
Citation
Judgment date
December 2025
Alex Mvula v Skyway University (Matter No. IRC 55 of 2020) [2025] MWIRC 6 (12 December 2025)
Employer’s failure to consult before retrenchment rendered dismissal unfair; severance and limited salary arrears awarded, other claims dismissed.
Employment law – unfair dismissal for operational requirements – duty to consult employees before retrenchment – entitlement to compensation for unfair dismissal – statutory formula for severance pay – proof required for salary arrears, allowances and pension claims.
 12 December 2025
Chisomo Blessings Kalulu v Malawi Housing Corporation (Matter No. IRC 546 of 2020) [2025] MWIRC 8 (12 December 2025)
Applicant’s resignation did not amount to constructive dismissal; respondent’s counterclaim of K445,598.00 awarded.
Employment law – Constructive dismissal – Burden on employee to show employer’s conduct unreasonable; failure to follow internal grievance procedures; credibility and evidence required to prove repudiatory breach.
 12 December 2025
Davie Misinkhu v Rab Processors Limited (Matter No. IRC 338 of 2013) [2025] MWIRC 9 (12 December 2025)
Assistant Registrar’s inflated assessment varied to statutory minima; pension award and 50% uplift set aside.
Employment law – Assessment of compensation for unfair dismissal – Application of section 63(4) and (5) Employment Act – Use of salary at date of dismissal – Assessing court must not award beyond years of service – Assessing court must respect terms of liability judgment – Employer pension not assessable absent remit – Boosting (uplifting) awards and effect of employee contributory fault.
 12 December 2025
November 2025
Nelson Milonde & Chisomo Malikebu v Blantyre Malawi Project (Matter No. IRC 1180 of 2022) [2025] MWIRC 2 (28 November 2025)
Non-renewal of fixed-term contracts on expiry is not unfair dismissal where discretionary renewal and project-linked funding apply.
Employment law – fixed-term contracts – termination by effluxion of time – section 28(2) Employment Act – discretionary renewal clause – section 28(3) conversion to unspecified-term contracts – distinction between core and support functions – unfair dismissal and unfair labour practice claims.
 28 November 2025
Sandford Whisky Doka & Others v Thyolo District Council (in consolidation with) Laston Josam v Thyolo District Council (Matter No. IRC 1198 of 2022; Matter No. IRC 395 of 2022) [2025] MWIRC 3 (28 November 2025)
Whether retiring employees are entitled to pension (per Pension Act and Circular B) rather than gratuity.
Pension law – obligation to provide pension under Pension Act – administrative circulars v. statutory law – Circular A (2017) not lawfully displacing statutory pension rights – Circular B (2019) applicable for computing pension-equivalent benefits – entitlement to pension (10% employer contribution applied over employment) rather than gratuity – Industrial Relations Court jurisdiction to determine discrimination-linked labour claims.
 28 November 2025
Success Chimpeni v The Registered Trustees of Development Aid from People to People (Matter No. IRC 380 of 2016) [2025] MWIRC 4 (28 November 2025)
Fixed-term contract expired by effluxion of time; termination not unfair dismissal and all claims dismissed.
Employment law – Fixed-term contracts – Effluxion of time terminates contract – Not unfair dismissal; Employment Act – fixed-term contracts excluded from severance and notice pay; Burden and standard of proof in civil claims – balance of probabilities; Evidential proof of payment – payslips, terminal benefits receipt and pension statements; Discretionary bonuses and statutory pension claims procedure (Pension Act s.62).
 28 November 2025
October 2025
Sichinga and 2 Ors. v Council of the Malawi University of Science and Technology (Matter No. IRC LL 699 of 2023) [2025] MWIRC 5 (2 October 2025)
Applicants awarded salary-difference and lump-sum damages for unfair labour practices and excessive workload; respondent ordered to produce salary scales.
Employment law – Unfair labour practices – Overloading interns with work of higher grade – Remedy: salary-difference comparator to Staff Associates, lump-sum damages; court-ordered disclosure of comparator salary progression; no notice pay awarded.
 2 October 2025
April 2025
Lebiam Pensulo and 14 Others v Limbe Leaf Tobacco Company Limited (Matter No. IRC 548 of 2018) [2025] MWIRC 7 (11 April 2025)
Non-renewal of seasonal contracts is not unfair dismissal where seasonal employment ended and terminal benefits were paid.
Employment law – Seasonal employment – Section 43 (continuous seasons) – Unfair dismissal burden under s61 – Non-renewal of seasonal contracts not unfair dismissal where contracts end and terminal benefits paid.
 11 April 2025
Kapida v Salima Sugar Company Limited (MATTER NUMBER IRC 59 of 2025) [2025] MWIRC 1 (1 April 2025)
Court stayed disciplinary processes and dismissal pending trial given triable issues over tribunal competence and executive authority.
Industrial Relations Court — Interim relief — Stay of disciplinary proceedings pending trial; Unfair dismissal — Competence of disciplinary tribunal in absence of sitting board; Authority of corporate officers vis-à-vis MEMARTS; Risk of prejudice and reinstatement remedy.
 1 April 2025