The Industrial Relations Court sitting in Zomba has ruled in favour of Evance Juma, who sued his former employer, Mustakim Aziz (Azizi Cash & Carry) for unfair dismissal, awarding him a total of MK6,364,360.00 in compensation. Juma, had worked as a Salesperson for the respondent’s family business for 28 years and six months.
He sought redress for unfair dismissal, unpaid benefits, and unfair labour practices through Legal Aid Bureau following the sudden termination of his employment in March 2023. His matter was taken up by Senior Legal Aid Advocate Arius Chagunda.
According to Court records, Juma began working for the business on 1st September 1994 under the respondent's father, and continued in the same role after the respondent took over the business in 2010. He claimed that on 10th March 2023, the respondent terminated his employment without notice, due process, or justification, even going so far as to slapping him during the incident.
In response, Mustakim Aziz denied dismissing Juma, stating that he had only been placed on administrative leave due to poor performance and misconduct. He also argued that Juma had been employed on a series of renewable one-year contracts and was paid his dues at the end of each year.
However, the Court dismissed the respondent's defence, noting that no employment contracts were submitted as evidence. The Court further ruled that Juma had effectively worked under an unspecified-term contract, as defined by Section 28(3) of the Employment Act, given the long-term and continuous nature of his employment.
The Court also found credible Juma's testimony that he had never received gratuity payments, despite claims by the respondent to the contrary. Evidence presented by the respondent, including unsigned pay slips bearing Juma's name, was found unreliable and inconsistent.
Moreover, the Court condemned the assault on Juma, describing it as a serious violation of employee rights and an act that cannot be tolerated in any workplace. The Court determined that the manner in which Juma was dismissed, without any disciplinary process or communication, amounted to unfair labour practice and unfair dismissal.
In its ruling, after making all necessary calculations for the years of service, the Court awarded Juma MK2,844,800.00 in compensation for unfair dismissal, MK1,231,400.00 in severance pay, MK1,737,360.00 in pension benefits, and MK500,000.00 as general compensation for unfair labour practices.
The awarded sum of MK6,364,360.00 had be paid to Evance Juma within 14 working days from the date of pronouncement of the judgment.
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