Kamuzu University of Health Sciences (Kuhes) Staff Union is demanding the reintroduction of gratuity the institution abolished in September 2024.
The demand comes after staff from the institution alongside their colleagues in other delinked public universities were paid gratuity in January this year.
But on its part, Kuhes management is not amused with the move by the staff and has since rebuked the staff union for the demand, describing it as illegal.
According to a letter dated February 11 2025 from Golden and Law, lawyers representing the staff union, the employees are also demanding severance allowance for unilateral termination of their employment contracts after the delinking process.
They gave Kuhes management seven days from February 11 2025 to address the issue, but by Friday, the issue was not yet settled.
The letter says between September 23 and 24 2024, Kuhes vice-chancellor convened separate meetings in Lilongwe and Blantyre to brief employees about the gratuity abolishment, but he allegedly refused to take questions.
Reads part of the letter: “Our client states that at no point were its members consulted by yourself or your agents pertaining to your intentions of abolishing their contractual entitlement of service gratuity or to provide reasons for its abolishment.
“Subsequently, our clients received letters through emails where you expressly stated that the abolishment date was September 30 2024 and disbursement date was by October 31 2024, with an insert of a formula, computed sum using a prorated number of years of service.”
According to the letter, despite the establishment of Kuhes, a merger of College of Medicine and Kamuzu College of Nursing, the employees’ contractual entitlement of service gratuity was supposed to continue.
They cite Section 32 (2) of the Employment Act read with Section 50 of the Kuhes Act 20 of 2019. Section 50 (2) of the Kuhes Act reads: “Any person who immediately prior to the commencement of this Act, is employed by College of Medicine or Kamuzu College of Nursing under the repealed Act shall be deemed to have been employed by the university and shall continue to serve on the same terms and conditions of service. For purposes of determining his rights and obligations, his service shall be regarded as continuous from the date he was appointed by the University of Malawi [Unima].”
As such, Kuhes Staff Union believes management contravened consultation procedures in Clause 1.10 of the Kuhes Conditions of Service.
The union further argues the approach by management defies principles of natural justice.
The staff union wants payment of outstanding service gratuity dues from September 30 2024, to their respective retirement dates (60 years).
In the alternative, the staff union wants payment of severance allowance to Kuhes employees according to their respective durations from the time they joined Unima to the time their employment contracts were unilaterally terminated in the pretext of placement letters that led to abolishment of the service gratuity.
But our sources within the previous Unima council, however, said prior to the delinking process, universities were told to abolish gratuity once they become independent due to its unsustainability.
Kuhes Staff Union president Chawanangwa Ng’ambi in a telephone interview last Thursday confirmed directing their lawyers to handle the matter.
“Our primary mandate is to champion the labour rights of our members, amplify their voices and advocate for their interests,” he said.
Kuhes registrar Christopher Namagowa yesterday said the claims made by the staff union are false.
He said: “Kuhes denies all the allegations made in the letter and believes the claim is wrong in fact and in law.”
