Abstract

The Industrial Relations Court (IRC) is a court of first instance, which hears and determines labour cases. In this respect, this study critically analyses the functioning of IRC in terms of dispute settlement. It examines how the dispute settlement process is carried out at the Industrial Relations Court, and then looks at the effectiveness and challenges of IRC in dispute settlement. The study employed a mixed method design. A qualitative approach was the dominant method with quantitative elements employed with regard to the question of case statistics. The qualitative approach was largely employed because the study aimed at analyzing the functions of IRC. Presentation of the finding was done through Microsoft word. The study establishes that IRC is minimally performing its function to settle disputes when they arise. With the evidence presented the study shows that IRC concluded very few labour disputes for a period of five years from 2010 to 2015. The study also reveals that IRC has in place defined procedures for dispute settlement. However, within the procedures, litigants, IRC staff and other stakeholders experience some challenges that have contributed to delays in settling disputes. Using different measures such as user satisfaction, cases clearance rate and on time process the study further reveals that IRC is generally ineffective in its functions. For instance, the overall case clearing rate for a period of five years from 2010 to 2015 is at 22.9 percent which is below 50 percent of registered cases. The study further established two key challenges that include financial constraints and inadequate human resource. As far as courts are concerned, funding cycle affects courts performance enormously on the premise that the amounts that are disbursed monthly are both delayed and inadequate and in the process it is impossible to satisfy courts operation. Additionally inadequate human resources pose a huge challenge as courts are overwhelmed with cases in midst of very few personnel to dispose of cases within the stipulated time frame. Consequently there is a buildup of backlog of cases all the time. The study recommends among others that Government should provide adequate financial and human resources to improve the functioning of IRC in Malawi.

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School	: School of Humanities and Social Sciences
Issued Date	: 2017

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