Abstract

The study was aimed at analyzing the effectiveness of the Industrial Relations Court of Malawi in labour dispute settlement. More specifically, it explored the extent to which the Court complies with legal provisions and set standards in its work; analyzed the labour dispute settlement process; explored the challenges the Court faces in fulfilling its legal mandate of hearing and determining labour disputes; and explored the Court users’ perception. The study was conducted in Blantyre and Lilongwe. It used a qualitative approach and through purposive sampling, fifteen (15) respondents were selected for the collection of primary qualitative data; while desk research was used to collect secondary data. The study population was the three IRCs: Blantyre, Lilongwe and Mzuzu; and study sample under this study were three (3) judicial officers, two (2) Court clerks; four (4) panelists, five (5) court users and one (1) lawyer. Secondary data was collected from the Court cases; IRC publications (the Status Reports & Case Returns); the Employment Act (2000); Labour Relations Act (1996); and the Industrial Relations Court (Procedure) Rules (1999). The study found out that the Court’s legal compliance is below average because the Court failed to comply with the legal provisions as most judgements delay for years. With regard to the dispute settlement process, the Court has set sufficient safeguards such as penalties, default judgments and case dismissals to achieve orderliness and fairness in the process; but some stakeholders abuse the process because of some gaps in the LRA; and this affects the effectiveness of the dispute settlement process. Furthermore, the study established that a myriad of challenges has frustrated the Court from effectively discharging its legal mandate and these include shortage of judicial personnel; inadequate court infrastructure; unavailability of panelists; problematic legal representation; and poor government funding; and as a result, the court users have had their trust in the Court greatly eroded. The study concludes by suggesting that amendment of the LRA, increased number of judicial officers; increased number of incentivized panelists; more court infrastructure at district level; improved quality of legal representation; and increased government funding can go a long way in reversing the accumulating backlog of cases at the Court and the resultant delayed justice; and ultimately effective settlement of labour disputes can be achieved.

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School	: School of Law, Economics and Government
Issued Date	: 2022

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