Fam loses mabedi case

The Industrial Relations Court (IRC) has ruled that Football Association of Malawi (FAM) unfairly and unlawfully dismissed former Flames coach Patrick Mabedi. IRC deputy chairperson Wyson Nkhata delivered the verdict in Blantyre on Monday and further ruled that FAM should compensate the coach with an amount to be determined at a separate hearing on assessment. Mabedi, whose package was K13 million a month, was demanding full salary and fringe benefits for the remaining year in the contract as well as compensation for unfair labour practices.

He sued FAM for unlawful and unfair termination of his contract in November 2024. Part of the judgement reads: “The applicant has succeeded on the principal issues for determination. The respondent [FAM] did not prove a valid reason connected with the Applicant’s capacity or conduct as required by section 57(1) of the Employment Act.

“The performance targets relied on by the respondent had not been conclusively failed at the time the decision to terminate the contract was made and some remained capable of being achieved within the life of the contract.” The court also determined that the process leading to the termination did not comply with Section 57(2) of the Act because the applicant was not given an opportunity to answer the case against him before the decision was taken. “The dismissal was, therefore, unfair both substantively and procedurally. The court further finds that the applicant [Mabedi] was subjected to unfair labour practices,” reads the ruling.

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“The applicant is, therefore, entitled to a declaration that his dismissal was unfair and unlawful. He is also entitled to a declaration that he was subjected to unfair labour practices.” The court also ruled that Mabedi can pursue any claim for withheld fringe benefits and related entitlements, provided that he is able to prove them. “The claims for discrimination, aggravated damages and punitive damages are dismissed.

Judgement is accordingly entered in favour of the Applicant.” FAM argued that the contract was performance-based and Mabedi failed to meet the targets agreed between the parties. The association also raised a preliminary objection, arguing that disputes involving national team coaches should first be handled within the football dispute resolution system rather than IRC. But the court dismissed this argument, stating that the IRC had the authority to hear the matter. The tactician, who signed a two-year contract with FAM in October 2023, was given targets to qualify for the 2025 Africa Cup of Nations, reach the 2024 Cosafa Cup semi-finals and win at least six Fifa 2026 World Cup group L qualifying matches.

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