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Unlike
any other court of first instance, a sitting at the Industrial Relations
Court on a point of law and fact is constituted by the presence of the
Chairperson/ Deputy Chairperson and one member from the employers’ panel
and one member from the employees’ panel. Panelists have become members
of the bench having in mind the capacity in which they serve. Jointly
with the Chairperson or Deputy Chairperson of the IRC, panelists make
decisions on labour and employment matters that are lodged in court. In
this regard, considering that the panelists are selectively nominated
and appointed on the basis of their experience in labour and employment
issues, the majority decision is well a considered opinion. Each
litigant has his or her views addressed by the representative panelist
at the bench thereby reducing the number of appeals.
The
panelists are nominated by Employees Consultative Association of Malawi
(ECAM) which is the most representative organisation of employees and
Malawi Congress of Trade Unions (MCTU) which is the most representative
organisation of employers. The appointment is confirmed by the Minister
of Labour and is initially for a term of 3 years, at the
expiry of which a member is eligible for reappointment. However, a panelist may resign from office once he/she notifies the Minister of
Labour in writing within the term of office. A panelists’ appointment is
into public office. As such following their appointment member panelists
are sworn into office.
The
following is the list of appointed panelists:
A.
Employers Panel
1. Mr Malijani
Malawi Telecommunications
2. Mr Namandwa
National Bank of Malawi
3. Mr Chilenga
Standard Bank Malawi
4. Ms.
Kachingwe
Sunbird Mount Soche Hotel
5. Mr Malikha
Limbe Leaf Tobacco Company
B.
Employees Panel
1.Mr.Padambo Teachers
Union
2. Ms.
Zandekha
Teachers Union
3. Mr.
Kajombo
Telecommunications Union
4. Mr.
Kanzitu
Hotels Union
5. Ms.
Ching'oma Malawi Congress of Trade Union
6. Mr.
Kalimajira Malawi Congress of Trade Union
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