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Termination of Contract

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Termination of Contract
3 documents
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
Mtokoma, Mailosi, Chitawira, Mtungama v College of Medicine Sports Complex (IRC MATTER 593 of 2020) [2025] MWHC 6 (3 February 2025)
Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation.
  • Employment law — unfair dismissal — operational requirements/retrenchment — statutory consultation requirement — justice and equity (s.61 Employment Act) — funding contingency clause — contractual notice period — compensation assessment.
Judgment 3 February 2025
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.
Judgment 1 November 2024