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Termination and dismissal

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Termination and dismissal
9 documents
Seyani v Council for the National Herbarium & Botanic Gardens of Malawi (Miscellaneous Application 21 of 2025) [2025] MWHCCiv 12 (28 May 2025)
Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
  • Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
Judgment 28 May 2025
Kapida v Salima Sugar Company Limited (MATTER NUMBER IRC 59 of 2025) [2025] MWIRC 1 (1 April 2025)
Court stayed disciplinary processes and dismissal pending trial given triable issues over tribunal competence and executive authority.
  • Industrial Relations Court — Interim relief — Stay of disciplinary proceedings pending trial; Unfair dismissal — Competence of disciplinary tribunal in absence of sitting board; Authority of corporate officers vis-à-vis MEMARTS; Risk of prejudice and reinstatement remedy.
Judgment 1 April 2025
Plan International Malawi v Mukawa (Civil Appeal Cause 4 of 2020) [2025] MWHCCiv 7 (1 April 2025)
The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
  • Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
Judgment 1 April 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
Malikebu & 3281 Others v (IRC MATTER 554 of 2023) [2024] MWHC 58 (3 December 2024)
Court granted a conditional stay pending appeal but required the respondent to pay 50% of each decretal award immediately.
  • Industrial/Employment law — stay of execution pending appeal — onus on party seeking suspension — necessity for cogent evidence of impecuniosity or risk of appeal being rendered nugatory — balancing justice between parties — conditional stay by requiring substantial interim payments.
Judgment 3 December 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.
Judgment 1 November 2024
Kuluwani v National Bank of Malawi (IRC MATTER 488 of 2015) [2024] MWIRC 1 (20 February 2024)
Assessment of unfair dismissal compensation using current salary to preserve purchasing power; partial contribution reduces award; severance computed accordingly.
  • Unfair dismissal — procedural fairness — denial of right to confront witnesses; Compensation under s.63(4)–(5) Employment Act; Use of current salary to preserve purchasing power; Partial employee contribution reduces award; Severance computation under First Schedule and s.35(2); Appeal does not stay award — 50% payment pending appeal.
Judgment 20 February 2024
Kuluwani v National Bank of Malawi (MATTER NUMBER IRC 488 of 2015) [2024] MWHC 73 (20 February 2024)
Court awards compensation and statutory severance using current salary, reduced for applicant’s partial contribution; appeal conditional on 50% payment.
  • Employment law — unfair dismissal for procedural unfairness — assessment of compensation under s63(4) and (5) Employment Act — use of current salary to preserve purchasing power — partial contribution reduces discretionary award — statutory severance calculation (First Schedule, s35(2)) — appeal conditional on payment of 50% (no automatic stay).
Judgment 20 February 2024
Chatchuka v Attorney General and Another (Civil Cause 27 of 2021) [2024] MWHC 18 (29 January 2024)
Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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Judgment 29 January 2024