|
|
|
|
| National |
| Court changes ruling on lecturer |
|
by
McDonald Chapalapata, 18 August 2004
-
16:43:37
|
A panel of three Supreme Court of Appeal Judges has said the High Court erred when it awarded a dismissed lecturer from the University of Malawi damages amounting to more than K3 million ($27,778).
Judge Isaac Mtambo, delivering a ruling on Thursday last week on behalf of the Chief Justice Leonard Unyolo and Justice Atanazio Tembo, said the High Court acted wrongly when it awarded Urban Mkandawire damages in addition to the notice pay he was given.
“It does not seem to us that it was any of the concern of the court below whether Mkandawire had been accorded an opportunity to be heard before termination of the employment because that was not a term or condition in the contract,” said Mtambo.
The court said the concern of the High Court in the matter was only whether or not the termination was in accordance with the contract or whether the University of Malawi breached the contract by terminating the employment.
“It, therefore, seems to us, in the light of the foregoing, that the High Court erred when it awarded the respondent (Mkandawire) damages in addition to those that it had awarded in lieu of notice for the reason, simply put, that the respondent had no contractual right to any expectation beyond salary, which ended with the job,” said Mtambo.
The court, however, upheld the lower court’s decision to award Mkandawire three months’ salary in lieu of notice instead of one month salary which the University paid him when they terminated his services.
The court also said they find nothing wrong with the High Court order which awarded Mkandawire, who had no legal representation, legal costs of the case.
The Council for the University of Malawi was represented by lawyer Michael Mtambo.
In June this year, Sheriffs seized two vehicles belonging to Chancellor College in connection with the case.
The High Court ordered the University to pay Mkandawire damages amounting to K3,156,708.
According to court documents, Mkandawire was dismissed on December 2, 1999 for alleged insubordination and ill-treatment of students after serving for almost a year.
|
| |
|
|
|
|
|
