Terminal benefits

Sierra Leone — Court of Appeal · 2021

Principle established: The determination of the correct tax deductions for redundancy and terminal benefits depends on the specific tax legislation in force at the time the payments are due.

Sierra Leone — Court of Appeal · 2015

Principle established: Termination of a fixed-term employment contract during a probationary period must be conducted in accordance with the terms of the offer letter and the employer's human resources manual.

Sierra Leone — Court of Appeal · 2014

Principle established: An employer may be liable for damages and terminal benefits if they unlawfully or unfairly terminate an employee's contract, especially during periods of illness or medical treatment.

Malawi · 2026

Principle established: A claim for pension benefits must be commenced within the prescribed six-year limitation period from the date the cause of action arose, or it will be dismissed as statute-barred.

Sierra Leone — Court of Appeal · 2017

Principle established: Enforcement of a judgment against a defunct statutory body cannot be automatically extended to its successor entities if such enforcement contravenes specific statutory provisions governing the transfer of liabilities.

Malawi · 2026

Principle established: Where a dismissal is found to be unfair, the court must assess compensation and severance allowance based on established employment law principles and the specific circumstances of the case.

Malawi · 2026

Principle established: Dismissal from employment must be supported by a valid reason and follow fair procedures; otherwise, the employer is liable to pay compensation and severance allowance.

Malawi · 2025

Principle established: Employees may bring an action for unfair and unlawful treatment where their employment is terminated due to operational requirements without proper adherence to statutory or contractual obligations regarding benefits and treatment.

Sierra Leone — Court of Appeal · 2018

Principle established: In claims for damages for breach of duty and end-of-service benefits, the court considers settlement proposals and applications for summary judgment to determine appropriate compensation.

Sierra Leone — Court of Appeal · 2019

Principle established: The court considered an application for summary judgment in a case involving damages for breach of duty and recovery of medical expenses and end-of-service benefits.

Malawi · 2025

Principle established: Upon resignation, an employee is entitled to receive all lawfully due benefits, including gratuity, accumulated leave pay, and compensation for overtime and public holidays worked during the subsistence of employment.