By Burnett Munthali
It is very sad and unfortunate that Electricity Supply Corporation of Malawi (ESCOM ) has fired some of its employees for exercising their freedom and right to protest against a 10% salary increase following the 44% devaluation of the Malawi Kwacha.
Firstly, it is wrong for ESCOM to fire employees just like that because the constitution of Malawi provides Freedom of Assembly and protest. Every citizen is entitled to assemble and protest therefore, nobody can take away those rights from the people, not even ESCOM can do that. Unfortunately, sometimes employers, government departments and statutory organizations break the laws in the course of executing their duties because the people working in those offices are not conversant with the law itself, let alone the implications that arise after making unlawful decisions. The victimized employees must take legal action when such human rights are abused and not respected.
Secondly, it is wrong for ESCOM to fire employees carelessly because every citizen is entitled to economic freedom. Employees must be paid salaries that will bring meaningful economic development to their personal lives and families. If employees are paid less than the buying power and what they are working for, they will not develop economically and that is just as good as slavery, now everyone must realize that slavery was abolished a long time ago. Statutory companies must avoid tendencies that are oppressive and undemocratic in nature.
Thirdly, it is wrong to carelessly fire employees because employers may, in the end, lose billions of Kwacha in compensation to the same employees if they take legal action against ESCOM for unfair dismissal. Already, Malawi government has lost a case in court of similar nature in which it is required to pay K103 million to Brian Banda of Times 360 for unfair dismissal. The government must avoid these things at all costs.
In conclusion, Malawi government departments and statutory bodies must avoid firing employees without any legal backing. They must first of all seek legal opinion from government lawyers to avoid lawsuits and save money for development projects and not unnecessary compensation for metal bands which can easily be avoided.
The Attorney General must advise the government on legal actions which may cost billions of Kwacha to compensate for wrongly fired employees because of silly unlawful decisions. The Attorney General should also be quick to come in when wrong decisions have been made by government and statutory organizations such as ESCOM to correct the situation before such issues go to court.
Finally, I would wish to advise ESCOM management to withdraw their administrative action which appears to be dictatorial and intimidating and allow the fired employees to get back to work.
All those employees who have been fired by ESCOM should take the matter to court for appropriate legal redress, if they are not called back to work. They should involve the ombudsman or legal aid Department and their voices will be heard. The fired employees should also make sure that they receive letters of termination of employment which can later be used as evidence against ESCOM in court.
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