Recourse to the national Courts of Malawi
21.
To vindicate the alleged violation of his rights, the Applicant turned to
various courts in Malawi.
22.
The Applicant lodged a case in the High Court against the University
of Malawi for, amongst others, his reinstatement.
27
November
2003,
the High
Court
found
In its judgment dated
that the Applicant
had
not
been given a fair hearing to defend himself against the adverse report,
and therefore that his dismissal was wrongful.
that he could not be reinstated.
The Court, however,
held
It ordered that he be given a further 2
month's payment (the University had on its own already paid him for one
month);
the order was
months’
notice had
the Applicant
to put him
been
damages
given.
in the same
Furthermore,
for wrongful
dismissal,
position
the High
as if a three
Court awarded
the quantum
of which
would have to be established before the Registrar of that Court.
23.
The University appealed
Supreme
High
against the above judgment to the Malawi
Court of Appeal.
Court
had
erred
One
of the grounds
in awarding
damages
of appeal was that the
to the Applicant
wrongful dismissal in addition to the three months’
to him.
2004,
The
held
wrongful
Supreme
that
the
dismissal,
Court
High
of Appeal,
Court
over and
erred
above
notice pay awarded
in its judgment
in awarding
the three
for the
dated
the
months’
12 July
damages
pay
award.
for
It
ruled that if the Applicant had “desired to contend that rules of natural
justice
were
employment,
not
observed
by
the
University
when
terminating
his
he was perfectly entitled to have appropriately stated the
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