Court orders MEC to pay former employee George Khake MK69.4 million for unfair labour practices in 2017 - Malawi Nyasa Times

The Industrial Relations Court (IRC) in Blantyre has ordered the Malawi Electoral Commission (MEC) to pay its former employee, George Khake, the sum of MK69,361,001.16 for unfair labour practices.

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The case dates back to 2017, when the electoral body fired Khaki, along with the then chief electoral officer, Willie Kalonga, over allegations of financial abuse.

Khaki was working as the pollster’s director of administration and human resources at the time of his dismissal in May 2017.

Khaki, who currently works as the Executive Director of the Employers Consultative Association of Malawi (ECAM), challenged their dismissal with the IRC, claiming damages for unfair/constructive dismissal, unfair labour practices and payment of unpaid dues.

The court rendered its judgment on liability on October 3, 2023, when it awarded him general damages for unfair labor practices, compensation in lieu of accrued vacation time, loss of use of the motor vehicle from March 2016 to July 2017, and damages for breach of contract in not selling him the motor vehicle when he was entitled to it.

The court also ordered payment of underpayment of salary from January 2017 to June 2017, salary from July 1 to 28, 2017, withheld gratuity and unpaid pension contributions at a rate of 14 percent of his salary.

After analyzing the evidence presented to her, IRC Vice President, Ms. E. Bodole, agreed with the applicant that the respondent (MEC) was at fault.

Bodole observed, among other things, that MEC had failed to provide Khaki with an opportunity to purchase the motor vehicle in question. It therefore awarded him MK40 million in general damages.

It also awarded Khaki MK2 million in general damages for unfair labour practices.

In total, Bodole ordered the MEC to pay the applicant the sum of MK69,361,001.16 (within 10 days).

In an interview Thursday, Khaki said he was relieved that justice had finally been served.

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