Judge Kenyatta orders Malawi Revenue Authority to pay further 109 ex-workers
Taxpayers will have to part with millions to compensate Malawi Revenue Authority (MRA) ex-workers who sued the public tax collector for unfair dismissal ‘in 2010 after High Court Judge Kenyatta Nyirenda has ordered the authority to further pay 109 ex-employees after an earlier order of K12 million compensation to 55 former employees.
Judge Nyirenda ordered the public revenue collector to compensate 109 ex-MRA employees following their appeal to have their names included on the list if Notice of Appeal that had only 55 names.
The case dates back to July 2010 when MRA dismissed 215 employees, but 167 sued the institution after their colleagues were re-engaged.
The ex-workers, as their overriding reason for suing, argued they were declared redundant without being consulted which was in contravention of Section 57 of the Act.
Subsequently, in October 2014 the Industrial Relations Court (IRC) in Blantyre ruled in their favour and directed MRA to pay them about K500 million as compensation which the ex-employees were unsatisfied with.
The ex-workers through their lawyer Shepherd Mumba appealed the matter to the High Court and only 55 names were on the list. The missing 109 names applied to have the list amended so that their names are included/
The court agreed to have the names included for payment of redundancy benefits and notice pay in line with MRA’s conditions of service.
Judge Nyirenda in his determination dated January 22 2018 said all applicants in the consolidated manner were similarly aggrieved with the decision of the lower court and he was satisfied that it was just and proper to have the Notice of Appeal amended.
He accordingly granted the application to the 109.