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| National |
| Former GM wins case against MHC |
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by
Mc Donald Chapalapata, 24 August 2004
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12:07:28
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Former general manager for Malawi Housing Corporation (MHC) Jeffrey Wawanya has been given three options of reinstatement, re-engagement and compensation in a case where he sued the corporation for wrongful dismissal.
Chairman of the Industrial Relations Court Charles Ching’ani Mkandawire said in his July 27 judgement that Wawanya’s termination amounted to unfair dismissal.
He, however, said the only remedies that the court would give in a case of unfair dismissal are an order for reinstatement, an order for re-engagement and an award of compensation.
In his statement of claim, Wawanya sought two reliefs namely, salary and benefits until termination of employment or expiry of contract and in the alternative payment of three months salary in lieu of notice and all benefits for the period of three months.
Wawanya, according to Mkandawire was employed as general manager of MHC on April 6, 2002 on a three-year contract and his services were terminated two weeks later and MHC gave no reasons for the dismissal.
Said Mkandawire in the judgement: “Before he knocked off on Friday, Mrs Ruth Lemani (Chairperson of MHC) invited him to her office at 4PM and told him to stay at home for a while. The chairperson told him that this was on instructions from the government.”
“She also advised him to seek clarification from the minister responsible for presidential affairs Hon Dumbo Lemani. When he went to seek such clarification, he was told that [Wawanya’s] Landed Property Agents had mismanaged property that belonged to the First Lady. He, however, challenged that allegation.”
Mkandawire said it was Wawanya’s evidence that when he was appointed general manager, the terms of employment were not ready as they were subject to negotiations and he was provided with a sample of the employment agreement.
Wawanya is also said to have told the court that the chairperson of MHC told him verbally that his salary would be K150,000 ($1,388) per month.
In his judgement, Mkandawire said the chairperson of MHC did not appear before the court to controvert Wawanya’s evidence.
He also said MHC were wrong in not giving Wawanya a written statement of particulars of employment as stipulated in section 27 of the Employment Act.
Mkandawire also found MHC to be in the wrong, saying it should have given Wawanya valid reasons for his dismissal.
Records at the Industrial Relations Court indicate that MHC has appealed against the ruling.
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