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Kasuma v Micro Loan Foundation Ltd (IRC MATTER 610 of 2016) [2025] MWHC 7 (3 February 2025)
Exit agreement signed under economic duress: dismissal unfair; applicant entitled to compensation and remedy hearing.
Employment law – Unfair dismissal – Mutual release/exit agreement vitiated by economic duress; procedural fairness in disciplinary process; employer’s burden to prove valid reason for dismissal; compensation remedy.
Judgment
3 February 2025
Far Stationery v Malawi Posts Corporation (44 of 2016) [2018] MWHC 1342 (24 October 2018)
Claim dismissed: no proved contract, LPOs were forged and the employee lacked authority to bind the defendant.
Contract formation — offer and acceptance — proof of agreement; Public procurement — RFQ/open tender requirements for high‑value contracts; Forgery — forged LPOs are nullities; Agency — actual and ostensible authority; Burden of proof.
Judgment
24 October 2018
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