The Malawi Enterprise Development Fund (MEDF), formerly the National Economic Empowerment Fund (NEEF), is set to appeal a ruling by the Industrial Relations Court (IRC) in Mzuzu which found that the institution unlawfully dismissed 55 employees, the publication has exclusively learnt.
IRC Deputy Chairperson Anthony Kapaswiche on Tuesday ruled that MEDF breached employment law when it terminated the contracts of Yamikani Vincent Jamu and 55 other employees between December 5 and 12, 2025, while they were on probation.
However, MEDF has strongly disputed the judgment, saying it will challenge the decision in a higher court, arguing that the court erred by failing to properly consider key issues raised during the proceedings.
A senior official at MEDF told this publication that the ruling was flawed, claiming the judge did not adequately address arguments presented by the institution.
“We are appealing the matter. The judge ignored the issues raised by the applicants and made a judgment on a completely different matter. So we are appealing on the basis that he failed in law,” the official said.
In the contested ruling, Kapaswiche held that MEDF acted on a mistaken interpretation of the law by assuming that probationary employees are not entitled to due process during termination.
“The fact that an employee is under probation does not make them a lesser employee to be denied protection of employment law as a probationary employee remains an employee and in cases of termination of contract or dismissal, the requirements of Section 57 of the Employment Act have to be adhered to,” the judgment reads.
The court further granted the applicants compensation for unfair dismissal and damages for unfair labour practices, while the employees have since abandoned their initial request for reinstatement.
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