The Industrial Relations Court (IRC) has ruled that Football Association of Malawi (FAM) unfairly and unlawfully dismissed former Flames coach Patrick Mabedi.
IRC deputy chairperson Wyson Nkhata delivered the verdict in Blantyre on Monday and further ruled that FAM should compensate the coach with an amount to be determined at a separate hearing on assessment.
Mabedi, whose package was K13 million a month, was demanding full salary and fringe benefits for the remaining year in the contract as well as compensation for unfair labour practices. He sued FAM for unlawful and unfair termination of his contract in November 2024.
Part of the judgement reads: “The applicant has succeeded on the principal issues for determination. The respondent [FAM] did not prove a valid reason connected with the Applicant’s capacity or conduct as required by section 57(1) of the Employment Act.
“The performance targets relied on by the respondent had not been conclusively failed at the time the decision to terminate the contract was made and some remained capable of being achieved within the life of the contract.”
The court also determined that the process leading to the termination did not comply with Section 57(2) of the Act because the applicant was not given an opportunity to answer the case against him before the decision was taken.
“The dismissal was, therefore, unfair both substantively and procedurally. The court further finds that the applicant [Mabedi] was subjected to unfair labour practices,” reads the ruling.
“The applicant is, therefore, entitled to a declaration that his dismissal was unfair and unlawful. He is also entitled to a declaration that he was subjected to unfair labour practices.”
The court also ruled that Mabedi can pursue any claim for withheld fringe benefits and related entitlements, provided that he is able to prove them.
“The claims for discrimination, aggravated damages and punitive damages are dismissed. Judgement is accordingly entered in favour of the Applicant.”
FAM argued that the contract was performance-based and Mabedi failed to meet the targets agreed between the parties.
The association also raised a preliminary objection, arguing that disputes involving national team coaches should first be handled within the football dispute resolution system rather than IRC.
But the court dismissed this argument, stating that the IRC had the authority to hear the matter.
The tactician, who signed a two-year contract with FAM in October 2023, was given targets to qualify for the 2025 Africa Cup of Nations, reach the 2024 Cosafa Cup semi-finals and win at least six Fifa 2026 World Cup group L qualifying matches.
Malawi did not participate in Cosafa Cup as the nation was in mourning following the death of the Vice-President Saulos Chilima and eight others in a military plane crash at Nthungwa, in the Viphya Plantation on June 10 2024.
Mabedi was fired on October 29 2024 after losing the first four matches in Afcon and winning two matches in World Cup qualifiers. FAM then hired Kallisto Pasuwa as interim coach.
But during hearing of the case, his lawyer David Kanyenda argued that Mabedi was removed from the position without being given a chance to be heard.
In an interview yesterday, Kanyenda said they are satisfied with the judgement.
He said: “This is a victory for all coaches in Malawi football. We are definitely satisfied with the positive outcome. The fight for a fairer and just working place for our coaches in the football ecosystem continues. We shall now proceed to assessment of our client’s compensation.”
FAM lawyer Luciano Mickeus said they will appeal against the ruling.
He said: “We will definitely appeal. We feel it’s a football issue. Based on the contract the coach signed, it was a matter that was supposed to be settled by a football tribunal. We strongly feel the court was wrong to assume jurisdiction of the matter.”
This is the second time for FAM to lose a case against a former Flames coach, having also lost one against Meck Mwase in 2024.
Previously, the association also lost a case against another Flames coach Ernest Mtawali at the High Court, but won it on appeal at the Supreme Court of Appeal.
