final courl has the last word on what the correct national law is. It has, in
its two judgments, said that the Applicant did not state the claim as a
separate cause of action. It is important to note that the Applicant was not
barred from pursuing his claims, but merely told that he was adopting a
wrong procedure.
In fact, the High Court had advised him to get the
assistance of a lawyer to help him, but he declined.
Findings of the Court
40 .1t is clear from the foregoing summary of the judgments that. as at the time
the Applicant lodged his application:
40.1. The avenue to claim damages for alleged wrongful dismissal and the
avenue to challenge in the High Court the judgment of the Industrial
Relations Court which had ruled that his dismissal was fair and lawful,
were still open to the Applicant; however, he did not use these
avenues. It was open for him to argue before the High Court against
the judgment of the Industrial Relations Court and, if he did not
succeed, to argue on further appeal to the Supreme Court of Appeal.
As a result of his failure to do so, the High Court and the Supreme
Court of Appeal have not had the opportunity to deal with the merits
of the claim for wrongful dismissal, as determined by the Industrial
Relations Court.
40.2. There has not been any undue delay in the disposal of Applicant's
cases before the highest judicial institution in Malawi; namely, the
to a case
Malawi Supreme Court of Appeal. A case number .allo_cStted
.......
..
(23)
·-
---=::::c::::::
-
~
?ff
L;~
S-
~~