Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Malawi - 2013
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- Employment Act [EA], No. 6 of 2000
Date: 14 May 2000 (view in NATLEX »)
- Employment Amendment Act, No. 27 of 2010 (date of entry into force: 1st June 2011)
Date: 29 Aug 2010; view website »
- Labour Relations Act [LRA], No. 16 of 1996
Date: 23 May 1996 (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: No
- Art. 63(4) and (5) EA. The amount of compensation shall be such amount as the court considers just and equitable in the circumstances. However, statutory minimum thresholds are foreseen in art. 63 (5) of the EA.
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal shall not be less than:
- 1 week's pay for each year of service for a worker who has served for not more than 5 years;
- 2 weeks' pay for each year of service for a worker who has served for more than 5 and less than 10 years;
- 3 weeks' pay for each year of service for a worker who has served for more than 10 years and not more than 15 years;
- 1 month's pay for each year of service for a worker who has served for more than 15 years.
- Art. 65 (5) EA.
The Act foresees an additional amount to be awarded by the Court when dismissal was based on prohibited grounds.
Note that according to art. 65 (6) EA, if an order of reinstatement or re-engagement made by the Court is not complied with by the employer, the employee is entitled to an award equivalent to 12 weeks' wages, in addition to a compensatory award.
Reinstatement available: Yes
- Art. 63 (1) a) EA.
When deciding which remedy to award, the Court shall first consider the possibility of ordering reinstatement (art. 63 (2) EA).
Preliminary mandatory conciliation: Yes
- Prior to the settlement of the dispute before the Court, the matter is lodged to a Regional/District Labour Officer before a Labour Officer for conciliation: art. 62, 64 EA and art. 44(1) LRA. This preliminary phase of extra-judicial conciliation is compulsory for the parties.
In addition, preliminary conciliation before the Registrar of the Industrial Relations Court: Rule 5 (3),(4) (5) of the Industrial Relations Court (Procedure) Rules, 1999.
Conciliation is carried out by the Registrar, if requested by the parties or if directed by the Court to do so.
Competent court(s) / tribunal(s): labour court
- Art. 62(1), 64 and 65 EA.
See also the part on dispute settlement (art. 42-45) of the Labour Relations Act, 1996
Existing arbitration: No
% of dismissals out of the total number of disputes: 65 %
- Figure calculated on the basis of the statistics provided in the Annual Report of the Industrial Relations Court of Malawi for the period between July 2007 and June 2008.
The figures represents the percentage of disputes pertaining to unfair dismissals out of the total number of disputes disputes registered by the "Principal registry" and the "Lilongwe Registry".