Malawi IRC: Probationary Employee Entitled to Reasons, Hearing Before Dismissal

On October 6, 2026, the Industrial Relations Court of Malawi, in the case of Rachael Ng’ambi v Catholic University of Malawi, ruled that a probationary employee is entitled to be given reasons and afforded a hearing before their employment is not confirmed, and that summary non-confirmation without these procedural safeguards constitutes unfair dismissal.

This ruling is highly significant for employers and employees in Malawi, particularly concerning the management of probationary periods. It establishes that probationary employment, while often perceived as less secure, still carries fundamental procedural rights. Employers can no longer summarily terminate or non-confirm probationary staff without due process, which includes articulating clear reasons for the decision and conducting a fair hearing. This enhances job security for probationary employees and imposes a higher standard of procedural fairness on employers, aligning probationary employment with broader principles of natural justice.

Employment law in Malawi is primarily governed by the Employment Act (Cap. 55:01 of the Laws of Malawi) and common law principles. The Act provides for fair labour practices, including comprehensive provisions on termination of employment. While probationary periods are common and often allow for easier termination, this ruling clarifies that the general principles of natural justice and fair procedure, which are enshrined in the Employment Act and common law, extend to probationary employees. The Industrial Relations Court is a specialized tribunal established to hear and determine labour disputes, and its decisions are crucial in shaping employment practices and interpreting the nuances of the Employment Act.

The Industrial Relations Court of Malawi was the adjudicating body in this matter, with Rachael Ng’ambi and the Catholic University of Malawi as the parties involved. This decision affects all employers, human resources professionals, and employees undergoing probationary periods across Malawi, necessitating a review of existing employment policies and practices.

Employers and their legal counsel in Malawi must review and update their policies and practices regarding probationary employees. It is imperative to ensure that any decision not to confirm a probationary employee is supported by valid reasons, which must be communicated to the employee, and that the employee is given a fair opportunity to respond or be heard before a final decision is made. Failure to follow these procedural steps risks a finding of unfair dismissal by the IRC, potentially leading to compensation orders. Employees, on the other hand, should be aware of these rights and seek legal advice if their probationary employment is terminated without due process, ensuring their entitlements are protected.