Skip to document content Skip to main menu Skip to search

Unlawful Or Unfair Dismissal

7 documents

Advanced search

Filters

Filter documents by title

Sort documents by

7 documents


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
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.} :[		Judgment	29 January 2024