The Industrial Relations Court has ordered Malawi Government to pay President Lazarus Chakwera’s former spokesman Brian Banda K103 million compensation for unlawful dismissal.
State House which was represented by Attorney General Thabo Chakaka Nyirenda did not contest the case in court.
This is according to judgement dated 22 December and delivered by deputy chairperson of the Industrial Relations Court Peter Kandulu.
“The applicant is awarded K103,316,418 being compensation for unfair dismissal and severance allowance and the same must be paid within 30 days,” the court order says.
Banda was appointed State House Press Secretary in August, 2020 and was fired in July 2021. Chakwera replaced Banda with former Blantyre City Council spokesperson Anthony Kasunda. After he was fired, Banda went to China for a four month leadership course and when he returned to Malawi, he went back to Times Group where he works as a journalist.
Court documents which Malawi24 has seen show that Banda commenced legal proceedings over unfair dismissal in September 2022.
After State House, through the Attorney General, failed to file its defence in the case, the Industrial Relations Court issued a default judgement favouring Banda on November 7, 2022.
However, the Government lawyers representing State House filed a motion to set aside the default judgement but failed to appear in court in June 2023 for a hearing of the motion.
When the curt set a date for hearing of compensation assessment, the Attorney General also applied for a stay of the hearing pending hearing of the motion to set aside the default judgment. The application for stay was set to be heard on August 25, 2023 but no lawyer from the office of the Attorney General appeared for the hearing.
Eventually, the court proceeded to assess compensation for Banda in line with the default judgment which has seen Banda being awarded K103 million.
