Ex-Vale staff win K4.6bn claim
The Industrial Relations Court (IRC) in Blantyre has long at last found that Vale Logistics unfairly dismissed eight employees and has since recommended an award of a whopping K4.6 billion to the claimants.
The court remitted the matter to the registrar to assess compensation on a date to be fixed, but the eight employees, as per their calculations, were claiming K4.6 billion.
Any party aggrieved with the judgement, said the then IRC deputy chairperson Innocent Nebi, was at liberty to appeal to the High Court within 30 days of the judgement dated May 25 2023.
The former Vale employees accused the company of firing them unceremoniously in 2015 and in disregard of their permanent employment contract terms.
The court observed that evidence showed the applicants were employed on a permanent basis and on a contract for an unspecified period of time. The presiding officer said some of the applicants quit their jobs, including from civil service, for seemingly greener pasture at Vale.
Nebi, now promoted to the position of High Court of Malawi and Malawi Supreme Court of Appeal deputy registrar, said: “Having created that legitimate expectation, and having decided that it will not handle the operation phase, it was incumbent on the respondent to inform the applicants on the change in the state of affairs.
“It is in evidence that the respondent did not communicate to the applicants about the [change], but the message which was sent across did not represent a true account of what was to unfold.”
He said it was in evidence that the applicants were assured that the transition would not cause job losses as the company was giving them hope. He said the manner in which the applicants were retrenched left a lot to be desired.
“The applicants were ambushed with the retrenchment. The experience was traumatic. It is evident that throughout the termination process, the respondent did not treat the applicants with justice and equity as required [under the law],” Nebi said.
The company, said Nebi, handled the applicants in a “very degrading, dehumanising and cruel manner”.
