Immediate-past Flames coach Patrick Mabedi and Football Association of Malawi (FAM) have both appealed the Industrial Relations Court (IRC) ruling that awarded the coach K53.69 million for unfair dismissal and unfair labour practices.
The appeals mean the compensation dispute is now headed to the High Court of Malawi, with each party seeking to overturn or vary different parts of the IRC’s assessment ruling delivered on May 26.
Mabedi, through his lawyers Makiyi, Kanyenda and Associates, argues that the IRC should have compensated him for the full range of contractual benefits he claimed at K680.36 million.
In his appeal, he says the lower court “erred in law and in fact in awarding the applicant only the sum of K53 685 500.00 as compensation in respect of the heads of reliefs claimed by the applicant”.
| Courtesy of FAM
Mabedi further argues that the court “erred in law and fact in making unjust and unequitable award at variance with Section 63 (4) of the Employment Act” and “erred in law and fact in making a manifestly low award at variance with the principle restitution in integrum”.
The coach is asking the High Court to set aside or vary the IRC ruling and substitute it with an award of at least K680.36 million.
The appeal seeks compensation of K319.56 million for unlawful dismissal, K59.92 million for unfair labour practices, K59.92 million in lieu of notice and additional awards for motor vehicle benefits, fuel, accrued leave, economy air tickets, annual bonus, gratuity, gold card club membership, VIP medical aid, international travel allowances and severance pay.
Among other grounds, Mabedi argues that the IRC “erred in law and in principle by failing to assess compensation for unlawful dismissal in accordance with the restorative principle embodied in Section 63(4) of the Employment Act”.
He also contends that the court wrongly failed to award contractual benefits despite evidence presented during the assessment proceedings.
In an interview, Mabedi’s lawyer David Kanyenda said while agreeing with judgement, the compensation is too low.
On the other hand, FAM has also lodged a notice of appeal against both the judgment on liability and award of compensation.
In its notice filed through lawyers Micklaw and Company, FAM states: “Take notice that the appellant being dissatisfied with the judgment of the IRC, hereby appeals to the High Court against the judgment.”
The association had earlier argued during assessment proceedings that Mabedi’s original K917 million claim was excessive and based on projected benefits that might never have materialised had he completed his contract.
The IRC awarded Mabedi K32.21 million as compensation for unfair dismissal and K21.47 million for unfair labour practices, but dismissed claims for notice pay, severance allowance and several contractual benefits, saying they lacked sufficient proof or fell outside the recoverable scope of the assessment.
