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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.