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.
