The Industrial Relations Court (IRC) in Blantyre has ordered Football Association of Malawi (Fam) to compensate Malawi National Football Team former coach Meck Mwase with K440 million within 10 days for unlawful termination of contract, redeployment and constructive dismissal.
High Court Judge Edina Bodole, who started presiding over the case when she was IRC deputy chairperson, ruled that Fam erred in firing Mwase from his position as this led to the coach losing his employment benefits such as a salary, allowances, bonuses and other benefits.
Bodole said Mwase was also discriminated against when one considers predecessor Ronny van Geneugden (RVG)’s contractual benefits.
She then awarded the Mighty Mukuru Wanderers former coach K440 million after assessing his lost benefits.
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Mwase will get fuel allowance for 36 months from February 2020 to February 2023, the month his contract officially came to an end.
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He will also receive K1 million monthly salary for the entire period of his two-year contract.
There is also one economy class return air ticket per year to a holiday destination of his choice, local and international game bonuses, $150 for a win in Fifa World Cup qualifiers, Africa Cup of Nations (Afcon) and Cecafa matches.
Mwase will also get a telephone allowance.
According to Bodole, the country’s football governing body violated sections 5 and 7 of the Employment Act.
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Fam lawyer Luciano Mickeus said: “There are things that have not been awarded, which we are happy with; things [that were not given are] like motor vehicle allowance, life insurance cover and annual gold card membership. But, on the others, I will meet my client and map the way forward.”
Mwase’s lawyer David Kanyenda said he was satisfied with the ruling.
“It’s a satisfactory outcome that heralds a positive trajectory towards attaining social justice in the football industry, particularly on the coaching landscape. As for other benefits which we asked the court to consider and were not awarded, I will sit down with my client to determine the way forward,” Kanyenda said.
The court has ordered that Fam should pay the full value of Mwase’s salary and equate it to what expatriates get.
Mwase sued Fam for unlawful termination of contract, redeployment and constructive dismissal.
The judgement means Mwase will pocket similar wages to former Flames expatriate coaches Mario Marinica, who succeeded him, and RVG.
Before his dismissal, Mwase was receiving a K1.7 million monthly salary while Marinica was getting about K14.7 million, with RVG pocketing about K12.9 million.
Mwase was demanding about K518 million in damages.
At its executive committee meeting in Mangochi, Fam resolved to relieve Mwase of his senior team duties in April 2022, replacing him with Marinica.
The meeting agreed to redeploy Mwase, who had qualified the Flames to the 2021 Afcon in Cameroon, to the under-23 national team.
Mwase turned down the offer and dragged Fam to court.
