Pay Leo K1m, Epac ordered
The Industrial Relations Court (IRC)has ordered Epac FC to pay their former coach Leo Mpulula a total of K1.08 million in damages for unfair dismissal and unfair labour practices.
According to IRC’s ruling on assessment of compensation, signed by the assistant registrar Mzonde Mvula, the applicant (Mpulula) suffered loss of employment for which he should be paid K720 000 compensation for unfair dismissal and K360 000 for unfair labour practices.
“It is my order that the sum of K1.08 million, as compensation for breach of contract, be paid in full within 14 days of service of this order on the respondent. Being compensation from court, the award cannot be subjected to taxation per section 2, 11 and 27 (1) of the Taxation Act,” the ruling read.
“Any party aggrieved has a right to appeal at the High Court for review within the Registry to the chairperson within 30 days of this order.”
The ruling added that despite being a soccer matter, it was a simple case where reason, and not necessarily laws of employment, should apply.
The ruling read: “The Constitution of Malawi under section 43 provides for administrative justice. Every person should have lawful and fair administrative action and reasons where his legitimate expectations are under threat. Further, section 46 (2) and (3) of the Constitution entitles any person aggrieved with any decision of a higher authority or body to make an application to a competent court to enforce/protect that right.”
Mpulula said he was happy that justice had prevailed, “and I am just waiting for Epac to pay me as per the court ruling”.
However, Epac FC have since obtained a stay-order for the court not to effect the ruling on the club, according to Epac vice-general secretary Chiyamiko Lita.
“We have obtained a stay-order because the ruling was made without our side being heard. We were not initially told about the case until we received the ruling. Therefore, I cannot comment much on this issue,” said Lita.
The court document stated that Mpulula, via a performance-based written contract, was employed as head coach of the respondent (Epac FC) for one year from February 12, 2015 to February 26, 2016.
In spite of that, Epac started to neglect the payment of his monthly dues, after doctors recommended Mpulula’s extended bed rest following an illness.
Moreover, having been certified fit to start work, he was refused resumption of duty by an unreasonable conduct that included being chased from the training ground “yet (Epac) presented the situation as if Mpulula had been absconding from duty.”
FAM executive committee member and legal adviser Jabber Alide yesterday said the Mpulula versus Epac issue does not fit into a football-related issue that was supposed to be to be resolved through arbitration as per the Fifa statutes but a labour related case.
“It is very clear from the judgment that this was an issue to do with failure to pay wages by Epac FC to its coach and wrongful termination of a contract of employment. This was not a football issue but, clearly, a labour issue between parties that had privately contracted to go into a relationship. It has nothing to do with administration of football or laws of the game,” Alide said.
