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Industrial Relations Court of Malawi

58 judgments
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58 judgments
Citation
Judgment date
June 2019
Chunga and 4 Others v Registered Trustees of Mzuzu Diocese (IRC MATTER 68 of 2016) [2019] MWIRC 12 (27 June 2019)
Non-renewal of fixed-term contracts by effluxion of time does not entitle employees to severance allowance.
Employment law – Fixed-term contracts – Termination by effluxion of time; Non-renewal not dismissal; Severance allowance under section 35 limited to redundancy/retrenchment; Interaction with Pension Act on accrued severance liabilities; Claim for withheld wages where non-renewal notified.
 27 June 2019
Chipeta v Registered Trustees of St Johns Hospital (IRC MATTER 2 of 2014) [2019] MWIRC 4 (13 June 2019)
Failure to lawfully extend probation and afford written notice led to procedural unfairness and an unfair dismissal remedy.
Employment law – probationary period – employer must agree and properly communicate extensions; failure implies confirmation. Procedural fairness – right to written notice of charges and an opportunity to be heard. Unfair dismissal – employer bears evidential burden to prove misconduct on balance of probabilities
Remedy – damages for unfair dismissal
 13 June 2019
May 2019
Mang'ani v People's Trading Centre Limited (MATTER NUMBER IRC 83 of 2017) [2019] MWIRC 1 (3 May 2019)
Employer failed to substantiate misconduct and breached procedural fairness; dismissal declared unfair and remedies ordered.
"Employment law – unfair dismissal; burden on employer to prove valid reason; procedural fairness – disclosure, right to confront accuser; impartial disciplinary tribunal; entitlement to damages, notice pay, severance and repatriation."
 3 May 2019
April 2019
Luhanga v Illovo Sugar Malawi Limited (IRC MATTER 96 of 2015) [2019] MWIRC 3 (10 April 2019)
Whether summary dismissal for alleged supervisory negligence and stock losses was fair and what remedies are payable.
Labour law – unfair dismissal – summary dismissal for serious misconduct; validity of reason and opportunity to be heard; entitlement to notice pay, severance, overtime and pension.
 10 April 2019
March 2019
Moyo v Registered Trustees of Lake Malawi Diocese of Anglican Church (IRC MATTER 16 of 2016) [2019] MWIRC 11 (28 March 2019)
Whether converting paid study leave to unpaid and deleting an employee from payroll breached contract and constituted unfair labour practice.
Employment law – Terms and Conditions of Service – study leave (paid v unpaid) – unlawful retrospective amendment – unfair labour practice – housing allocation – payroll/salary arrears.
 28 March 2019
January 2019
Ziba v Bakers Pride Limited (MATTER NUMBER IRC 103 of 2017) [2019] MWIRC 14 (18 January 2019)
Employer failed to show valid, procedurally fair dismissal; employee entitled to compensation and recalculation of overtime.
Employment law — unfair dismissal (substantive and procedural fairness) — employer bears burden to prove valid reason for dismissal; Overtime — statutory overtime entitlements unenforceable by oral waiver; court orders recalculation of overtime.
 18 January 2019
September 2014
Henderson v Paladin (Africa) Limited (IRC MATTER 26 of 2013) [2014] MWIRC 2 (9 September 2014)
Applicant’s summary dismissal for taking cooked food without permission found unfair; awarded eight months’ salary compensation.
Employment law – unfair dismissal – summary dismissal – proportionality of sanction – disciplinary procedure – mitigation – compensation under Employment Act secs 56–63.
 9 September 2014
August 2014
Kamwanje & Banda (Representing 118 others) v Paladin (Africa) Limited (IRC MATTER 35 of 2014) [2014] MWIRC 1 (7 August 2014)
Class/representative suits require High Court leave; IRC Form 1 must sufficiently particularise retrenchment claims.
Industrial Relations Court — limited inherent jurisdiction; Representative/class actions — equitable origin, not maintainable in IRC without High Court leave; Pleadings — IRC Form 1 must particularise claims and list applicants; Distinction between retrenchment and redundancy material.
 7 August 2014