Unfair termination
Doctrine in Labour & Employment. 9 cases, with the principle each one established. By lanbuk.com.
- Central East Africa Railways Limited v Christina Chithila and Others (High Court Civil Appeal No. 13 of 2021; MSCA Civil Appeal 1 of 2026) [2026] MWSC 5 (25 June 2026)
Malawi · 2026
Principle established: A claim for discrimination must be properly pleaded and established by evidence; where it is not, an award of damages based on discrimination cannot be sustained on appeal.
- Central East Africa Railways Limited v Christina Chithila and Others (High Court Civil Appeal No. 13 of 2021; MSCA Civil Appeal No. 01 of 2026) [2026] MWSC 8 (25 June 2026)
Malawi · 2026
Principle established: A claim for discrimination must be properly pleaded and established by evidence; where it is not, an award of damages based on discrimination cannot be sustained on appeal.
- Comium (S.L) Limited V Jemima M. M'cormack (CIV APP 27 of 2012) [2014] SLCA 2 (18 May 2014)
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.
- Dr. Ibrahim Abdallah v University of Sierra Leone (MISC APP 116 of 2017) [2018] SLCA 1278 (6 June 2018)
Sierra Leone — Court of Appeal · 2018
Principle established: The court considered preliminary objections regarding the procedural regularity of an originating motion challenging the termination of a university lecturer's employment under statutory provisions.
- Lemson Chitawo and Another v Mpico PLC Ltd (MSCA Civil Appeal 5 of 2023) [2026] MWSC 7 (18 August 2026)
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 Broadcasting Corporation v Eliza Kaunda (Civil Appeal Number 23 of 2024; IRC Matter Number 323 of 2019) [2026] MWHC 60 (15 September 2026)
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.
- Malinda and Others v Carlsberg Malawi Limited (Civil Appeal No. 4 of 2023; High Court Civil Appeal No. 17 of 2021; IRC Matter Number 308 of 2016) [2025] MWSC 1 (3 May 2025)
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.
- Matenhere v Cornway College (16 of 2024) [2024] ZWSC 11 (22 February 2024)
Zimbabwe · 2024
Principle established: An employee commits serious misconduct warranting summary dismissal if they perform acts or omissions inconsistent with the fulfillment of the express or implied conditions of their employment contract.
- Press Corporation Plc v Benard Ndau and Others (Being High Court of Malawi, Miscellaneous Civil Appeal No. 24 of 2025; MSCA Miscellaneous Civil Application 42 of 2025) [2026] MWSC 4 (12 May 2026)
Malawi · 2026
Principle established: A court may grant a stay of execution of a judgment for damages on the condition that the judgment debtor pays a substantial portion of the award to the successful party.