Results.
5,304 judgments found.
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| May 2026 |
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Employer must afford accused employees chance to confront accusers; compensation uses wage at dismissal, not a 'boosted' rate.
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Employment Law
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Disciplinary Proceedings — Right to confront accusers — Employer duty to afford opportunity to cross‑examine (Employment Act ss 57, 61(2))
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Unfair Dismissal — Assessment of compensation — "Wage" means wage at time of dismissal; boosting is an exception
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Civil Procedure — Execution pending appeal — Wrongful execution where stay conditions met — Refund of sheriff fees
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29 May 2026 |
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29 May 2026 |
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No valid presidential appointment or reinstatement was proved; unsigned communications do not constitute lawful presidential decisions.
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Constitutional Law
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Administrative Justice — Requirement to give written reasons and lawful administrative action — Constitution s43
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Chiefs Appointments and Removals — Presidential decisions must be in writing under signature — Constitution s90; Chiefs Act ss4,11,12
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29 May 2026 |
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27 May 2026 |
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Court refused defendant’s very late application to introduce new illegality and public‑policy defences as unduly prejudicial.
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Civil procedure
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Amendment of statement of case — Post-closure amendments — Discretionary permission; prejudice and remedyability (Order 7 r 23 CPR 2017)
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Late amendment — Introduction of new defences (illegality/ex turpi causa and treaty breach) — Requirement for convincing explanation and avoidance of undue prejudice
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Case management — Trial timetable and public interest — Protection of court resources and other court users from unjustified delay
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25 May 2026 |
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Whether the respondent lost jurisdiction by deciding after statutory time limits and whether its rules were ultra vires.
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Administrative law — Rule‑making and ultra vires — Division of rule‑making powers between Society and Disciplinary Committee — Legal Education and Legal Practitioners Act ss 73, 94
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Disciplinary procedure — Time limits and jurisdiction — Whether Disciplinary Committee loses jurisdiction after expiry of statutory 90/120 days — LELPA s 95
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21 May 2026 |
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Rules jointly promulgated by the Society and Committee were ultra vires; committee lost jurisdiction after statutory time limit expired.
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Administrative Law — Delegated Legislation and Disciplinary Procedure — Validity of rules made jointly by Society and Disciplinary Committee — Whether rules are ultra vires and require gazetting/laying before Parliament — LELPA ss 73, 94, 95; Constitution s58; General Interpretation Act s17
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21 May 2026 |
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20 May 2026 |
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Sale of matrimonial property set aside for procedural impropriety in valuation and sale; former counsel summoned to show cause.
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Family Law — Property Distribution — Setting aside ex parte sale order for matrimonial property due to procedural impropriety and lack of transparent valuation procurement
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Administrative Law — Natural Justice and Public Procurement — Duty to ensure transparency, paper‑trail and avoidance of appearance of bias when a public office appoints a service provider
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Legal Ethics — Duty of Legal Practitioner — Failure to communicate with client and potential breach of officer‑of‑court obligations (show‑cause proceedings)
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19 May 2026 |
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High Court discharged judicial review leave because the dispute is predominantly a private employment matter for the Industrial Relations Court.
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Administrative law — Judicial review — Public vs private law — Dominant‑factor test for employment suspensions
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Labour law — Jurisdiction — Industrial Relations Court as specialised forum — Alternative and effective remedy bars High Court judicial review
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19 May 2026 |
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18 May 2026 |
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15 May 2026 |
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Claimant proved malicious prosecution and false imprisonment instigated by the defendant, but defamation and special damages failed.
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Tort — Malicious prosecution — Instigation by private party to police; elements: prosecution by defendant, termination in favour, absence of reasonable and probable cause, malice
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15 May 2026 |
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15 May 2026 |
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15 May 2026 |
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15 May 2026 |
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13 May 2026 |
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Court vacated interlocutory stay challenging DPP discontinuation, finding no risk of irreparable harm to preserve the appeal.
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Constitutional law — Prosecutorial discretion — Whether the Director of Public Prosecutions is bound by recommendations of the Legal Affairs Committee of Parliament
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Civil procedure
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Judicial review — Leave to apply for judicial review and discharge of leave — Whether a negative order discharging leave necessitates a stay of execution
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Stay of execution — Discretionary relief — Requirement to show risk of irreparable harm or that appeal would be rendered nugatory
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13 May 2026 |
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13 May 2026 |
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13 May 2026 |
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SCA may hear stay pending High Court appeal and substituted a MK200,000,000 bank guarantee for 75% upfront payment.
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Civil procedure — Stay of execution — Stay pending appeal — Jurisdiction of Supreme Court to entertain stay applications concurrent with High Court — Protection of interests where large awards involved
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Constitutional law — Access to courts and equality — Right to effective remedy and non-discrimination — Limits on jurisdictional exclusion of applicants
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12 May 2026 |
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11 May 2026 |
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Employer held vicariously liable for senior employees' sexual harassment; damages reduced for claimant’s contributory factors.
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Employment law — Vicarious liability — Sexual harassment by senior employees — Employer’s duty to take reasonable preventive measures
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Civil damages — Assessment of damages for sexual assault — Reduction where claimant’s conduct and evidentiary gaps affect quantum
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11 May 2026 |
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IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
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Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
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Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
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Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
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8 May 2026 |
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Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
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Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
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Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
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8 May 2026 |
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8 May 2026 |
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Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
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Constitutional law
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Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
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Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
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Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
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8 May 2026 |
| April 2026 |
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Production of official electoral documents raises a prima facie case, shifting evidential burden to the electoral commission; failure to explain irregularities voids the election.
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Electoral law
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Evidence — Burden of proof as to authenticity of statutory electoral documents — Production of Form 18B raises prima facie case and shifts evidential burden to electoral commission
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Conduct of elections — Recording and authentication requirements — Irregularities affecting figures/words and signatures vitiate election — Elections Act s101(3)(b)
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28 April 2026 |
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Acting Director General’s involvement in disciplinary steps created conflict and rendered dismissal procedurally unfair.
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Employment law
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Procedural fairness in disciplinary proceedings — Whether appellate officer’s prior involvement in preliminary disciplinary acts renders dismissal unfair — Employment Act s 61(2)
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Internal policies — Authority to suspend — Interpretation and breach of Conditions of Service clause 11.5.3.2
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Right to fair hearing — Disclosure of evidence and ambush — Duty to inform accused of case against them
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24 April 2026 |
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Whether a service recipient can be liable as employer despite contractor agreements where significant factual disputes exist.
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Labour law
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Procedure — Disposal on point of law — Whether summary determination appropriate where material factual disputes exist
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Employment — Joint employment / employer de son tort — Whether a service recipient can be treated as employer despite written contractor agreement — Parol evidence and Section 71(2) Labour Relations Act
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24 April 2026 |
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Court refused bail review and denied DNA production, finding detention justified by public interest and irrelevance of the DNA request.
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Criminal procedure
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Bail — Interest of justice and public interest — Whether continued detention justified where accused has case to answer and may delay administration of justice
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Presumption of innocence — Effect of finding of a case to answer on the presumption of innocence
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Production of evidence (s255(4)(b) CP & EC) — Whether court should order DNA production where paternity is irrelevant and application is vexatious
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21 April 2026 |
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Court dismissed challenge: NGO lacked standing and pension and written‑particulars exemptions were constitutional.
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Constitutional law — Standing — Public interest/representative standing — Organisations must establish a direct or sufficient interest to litigate on behalf of others
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Labour and social security — Pension exemptions — Ministerial power to exempt classes from mandatory occupational pension — Reasonableness, proportionality and non‑discrimination; Pension Act s11; Constitution ss13, 20, 30, 31
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Employment law — Written particulars of employment — Threshold of five employees — Constitutionality and permissible limitation; Employment Act s27(4)
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16 April 2026 |
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15 April 2026 |
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Use of the wrong prescribed notice form nullified the appeal; absence of a memorandum meant no competent appeal existed.
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Civil procedure
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Appeals from subordinate court to High Court — Notice of appeal — Prescribed Form 26 mandatory; use of Supreme Court of Appeal form invalidates appeal
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Record of appeal — Memorandum of appeal (grounds) integral to record of appeal; absence means no appeal
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Procedural irregularity — Fundamental defects in prescribed form cannot be cured by inherent jurisdiction or Order 2 relief
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14 April 2026 |
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14 April 2026 |
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Statutory forum under the Waterworks Act requires transfer; injunctive relief does not confer High Court jurisdiction.
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Civil procedure
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Jurisdiction — Transfer to Resident Magistrate’s Court under Section 13 Waterworks Act
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Interim relief — Injunctions do not confer High Court jurisdiction — Courts Act s39(2)(b)
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Subordinate courts — Interlocutory powers — Order 12 Rule 7 consistent with s39 and not an injunction
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13 April 2026 |
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Section 19 immunity under the Environmental Management Act 2017 extends to duly authorised private licence-holders; claimants must prove bad faith.
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Environmental law — Statutory immunity — Whether s.19 of the Environmental Management Act 2017 extends to private licence-holders
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Statutory interpretation — Ejusdem generis and marginal notes — Whether ejusdem generis restricts the scope of s.19 of the Act
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9 April 2026 |
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8 April 2026 |
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Statutory procedures must be followed to challenge freezing/restriction orders; defective CPR filings are rejected.
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Civil procedure — Commencement of action — Summons (Specially Endorsed) vs "Statement of Case"; Statutory procedure — Financial Crimes Act and Corrupt Practices Act — remedies for freezing directives and restriction notices; Interlocutory applications — notice and signature requirements; Registry jurisdiction (Lilongwe v Blantyre)
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2 April 2026 |
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1 April 2026 |
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Court substituted imprisonment with compensation to secure the convict’s parental responsibility and child welfare.
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Criminal law — Sexual offences — Sexual intercourse with person under 18 — Consent immaterial under section 138(1) Penal Code
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Criminal procedure — Sentencing and disposal — Compensation and discharge as alternative to imprisonment under section 32 Penal Code and section 337(1)(c)(i) Criminal Procedure and Evidence Code
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Family law — Civil remedies — Victim’s right to pursue maintenance under section 96 Marriage Divorce and Family Relations Act
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1 April 2026 |
| March 2026 |
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31 March 2026 |
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26 March 2026 |
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26 March 2026 |
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A fixed-term contract ended on its date; withholding the applicant’s terminal benefits was unlawful absent a statutory deduction.
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Employment law — fixed-term contract — termination by effluxion of time — tacit renewal; withholding of terminal benefits — Employment Act ss 52 & 56 — permissible deductions limited to restitution for property damaged by employee; procedural fairness and adequacy of disciplinary findings; criminal acquittal corroborating civil/disciplinary insufficiency
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25 March 2026 |
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Overtime claims predating 7 September 2016 dismissed as statute-barred; only 2016–2022 period survives.
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Limitation law — section 4(1)(a) Limitation Act — contractual causes accrue at breach; continuing-breach doctrine not recognised in Malawian Limitation Act; period of six years applies to contract claims; pleadings — requirement of clarity and particularity in IRC proceedings; strike-out or amendment remedies available
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25 March 2026 |
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Redundancy dismissals without meaningful consultation are unfair; affected employees are entitled to compensation.
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Labour law — redundancy and operational requirements — duty to consult — fairness and equity in retrenchments — evidential burden on employer to show consultation and objective selection criteria — entitlement to compensation under s63(1)(c)
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25 March 2026 |
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25 March 2026 |
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The court declined to assess the applicant's compensation because the deputy chairperson's award was unreasoned and legally defective.
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25 March 2026 |
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Applicant unfairly dismissed due to procedural ambush and absence of documentary evidence supporting alleged misconduct.
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Employment law — unfair dismissal — procedural fairness: right to know particulars and evidence — substantive fairness: need for documentary proof in stock/reconciliation disputes — burden on employer to justify dismissal
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25 March 2026 |