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Malawi - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Malawi - 2013    

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Obligation to provide reasons to the employee: Yes
  • No explicit mention of an obligation to state the reasons for dismissal.
    However see the following provisions:
    * Art. 31 (1) (f) EA on the certificate of termination : The reasons for termination must be indicated in the certificate, if so requested by the employee;
    * Art 57 (2) EA: The employment cannot be terminated for reasons connected with the conduct or the capacity of the employee before the employee is given the opportunity to defend himself against the allegations made.

    * Art. 61 (1) EA: In any claim or complaint, the employer shall provide the reason for dismissal. If he or she fails to do so there shall be a presumption that the dismissal was unfair.

Valid grounds (justified dismissal): any fair reasons
  • Art. 57 (1) EA: "valid reason for termination connected with the capacity or conduct of the employee or based on the operational requirements of the undertaking".

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; disabilities; language; participation in a lawful strike; property; birth; ethnic origin
  • Art. 57 (3) EA: invalid reasons for dismissals.
    See also the general provision of non-discrimination (including in respect of termination of employment): art. 5 (1) EA.
    On pregnancy, see: art 49(1) EA: an employer who terminates the employment of an employee because of her pregnancy or for any reason connected with her pregnancy shall be guilty of an offence and liable to a fine and 5 years imprisonment.

Workers enjoying special protection: no protected groups