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5 judgments
Citation
Judgment date
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
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
December 2023
Bridget Migodi v Standard Bank PLC (Matter No. IRC 141 of 2021) [2023] MWIRC 5 (24 December 2023)
Dismissal for mis‑posting and failure to account held substantively and procedurally fair; dismissal not unfair.
Employment law – Unfair dismissal – substantive fairness: mis‑posting and failure to account for customer deposits; banks’ statutory duty; procedural fairness – notice and representation; burden shift under s61 Employment Act; s57 valid reason for dismissal.
 24 December 2023
September 2023
Simon Kachitsa v Alliance One Tobacco Limited (Matter No. IRC 144 of 2019) [2023] MWIRC 4 (25 September 2023)
Dismissal unfair where employer failed to prove misconduct and denied procedural fairness.
Employment law – unfair dismissal – substantive fairness (insufficient and ambiguous evidence of misconduct) – procedural fairness (failure to disclose evidence, lack of particularity of charges, inability to cross-examine accuser, potential bias of panellist) – burden on employer under s.61 Employment Act.
 25 September 2023