Court concludes mwase claim case
The Industrial Relations Court (IRC) in Blantyre yesterday concluded assessment proceedings to determine the amount of compensation due to former Flames coach Meck Mwase.
After Mwase testified on July 17, yesterday it was Football Association of Malawi (FAM) general secretary Alfred Gunda’s turn to give evidence in a case in which the former Flames coach is demanding K1.5 billion for unlawful termination of his contract, redeployment and constructive dismissal.
FAM’s lawyers Louis Ulaya of Micklaw and Company and Mwase’s lawyer David Kanyenda of Makiyi, Kanyenda and Associates, confirmed the development in an interview after the hearing.
Ulaya said they gave evidence to contradict Mwase’s claim of K1.5 billion to help the court determine the correct amount to be compensated to the former Flames tactician.
He said: “Today, we were presenting evidence on FAM’s side contradicting the evidence that Mwase gave as well as additional information to help the court consider how much Mwase should be compensated.
“Let me clarify that as it is now, the K1.5 billion is what the applicant wants. But it doesn’t not mean that’s what he will get. The applicant brought his evidence and he was cross-examined.
“FAM also presented its side [today]. The court will make a determination which I don’t think will be K1.5 billion. There is a lot that the court will consider both legal and factual, before the court comes up with such determination.”
On his part, Kanyenda said following the conclusion of the hearing, they will make closing submissions before the court makes a ruling.
He said: “The IRC has concluded the hearing of the assessment proceedings designed to determine the amount of compensation due to Mr Mwase. Mr Mwase already testified on 17 July 2024. Today, Mr Alfred Gunda testified. The honourable court gave both parties 28 days to lodge closing submissions. Thereafter, the court is expected to deliver a ruling on a date to be fixed.”
Delivering judgement in the case in December last year, IRC deputy chairperson Edna Bodole said the ex-Flames mentor was treated unfairly.
“The complainant [Mwase] was discriminated against in terms of pay as he was placed on inferior wage scale as compared to the expatriates.
“The court will assess the compensation payable to Mwase as back pay,” reads part of the ruling.
Before his removal, Mwase was receiving at least K1.7 million (about $1 000 at the time of the ruling) as his monthly salary while his successor Mario Marinica was getting $8 500 (about K14. 4 million then).
