Termination of Contract

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3 documents

Title	Date
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