Kamuzu University of Health Sciences (Kuhes) Staff Union has filed a statement of claim with the Industrial Relations Court (IRC) of Malawi challenging the institution’s decision to abolish service gratuity in September 2024.
Filed at the IRC Blantyre District Registry on March 5 2025, the staff union in their statement of claim through its lawyers, Golden and Law, are seeking an order declaring that termination of the service gratuity was wrongful and unlawful.
This is besides seeking an order that there was underpayment of the service gratuity to the staff union’s members, who were paid in January 2025 together with other public universities.
The staff union, in the statement of claim, matter number IRC 2016 of 2025, argues that the decision by Kuhes management to terminate the service gratuity amounts to unsafe and unfair labour practices within the meaning of Malawi’s Constitution.
Reads the claim statement: “The applicant [staff union] states that the abolishment of the service gratuity and payment of the benefit thereof by the respondent [Kuhes council] were contrary to the rules that regulated the scheme and was without consultation of the applicant or its members.
“The applicant states that the conduct of the respondent in offering new placements, new terms and conditions of service, abolishing of the service gratuity benefit signifies termination of the contracts of employment of the members of the applicant and the members of the applicant are entitled to severance allowance under the Employment Act”.
The staff union, therefore, is seeking an order for the payment of severance allowance and any other relief that the court deems fit.
Meanwhile, the court has given Kuhes council up to 14 days to file a statement of defence if it intends to oppose the staff union’s claim statement, failing which, a determination, including an order on costs will be made in absentia.
Kuhes staff union lawyer Shepher Mumba confirmed on Friday filing the application with the IRC.
In a most recent interview with Nation on Sunday, Kuhes registrar Christopher Namagowa said they had referred the matter to their lawyers when the staff union filed a demand letter to the institution.
Namagowa further denied claims the staff union made in the demand letter, which have now formed part of the statement of claim filed at the IRC, saying Kuhes believes the claims are wrong in fact and in law.
Kuhes is a merger of College of Medicine and Kamuzu College of Nursing after the delinking of colleges.
