Three former top bosses at Press Corporation plc have sued the conglomerate for unfair dismissal, unfair labour practices, and discrimination following their ouster two years ago.
According to court file number IRC 417 of 2022 at the Industrial Relations Court (IRC), the matter is expected to come up for a full hearing on Monday, 1 July 2024.
The three, George Partridge who was Group Chief Executive Officer, Elizabeth Mafeni who was the Group Finance Officer and Bernard Ndau who was the Group Administrative Executive and General Counsel were dismissed on 10 December 2021 in what looked like ‘retrenchment’, they argue.
Court documents which we have seen indicate that the conglomerate was economical with the truth as regards the ‘retrenchment’ of the trio as they claim that the conglomerate unfairly and unlawfully removed them from their positions under the disguise of a functional review which was undertaken by the company and that they were never consulted during the exercise.
Court documents show that prior to being fired Mafeni and Ndau entered into discussions with PCL to change their employment status from ‘permanent or open-ended terms contracts’ to three-year contracts before PCL unilaterally abandoned the discussions and instituted a ‘functional review’, which, according to the two, was done without justifiable reason.
The trio contend in the statement of claim that the Terms of Reference (ToRs) for the functional review required the consultant who was conducting the review, Management Consulting Solutions (MCS) to consult all the employees during the functional review, but this was never done.
The applicants also claim that they were discriminated against in the manner they were treated as compared to other employees. They also allege that the failure to consult was a departure from PCL’s established practice of consulting employees during retrenchments.
“In a similar exercise in 2017, the Respondent consulted all the employees and yet did not do so during this exercise for no justifiable reason.” The Applicants therefore contend that their employment was terminated unlawfully and unfairly since the reasons given for the retrenchment were invalid, an afterthought and a smokescreen meant to cover up the real reason which was to terminate their employment contracts at all cost,” reads part of the statement of claim.
Court records show that the reasons given for the dismissal of the three were that their salaries were too high and that their positions would no longer be needed on a group level. Yet the positions, such as that of CEO, were changed in name only, it is argued.
On the part of Partridge, who was Group Chief Executive Officer and also Executive Director on the board of PCL, court records show that he was discriminated against as ‘clandestine meetings were held behind his back’.
Court records show that Partridge was not consulted or given an opportunity to attend meetings at which key decisions affecting him as a director or employee were being made or decisions affecting his subordinates (Mafeni and Ndau) were also being made.
PCL is one of the oldest companies to be listed on the Malawi Stock Exchange. One of the directors of Minority Shareholders Association, who sought anonymity, said they are keenly following the matter and look forward to being updated on the matter by the Board at the company’s forthcoming AGM.
“We entrust the affairs of the company to the board and management. But we expect them to make prudent decisions and update shareholders regulalry for significant developments such as this case”.
Among other things, the three former bosses are asking the court to award them exemplary damages, damages for unfair, unlawful dismissal, and discriminatory treatment, indemnity for legal fees and costs of the action. PCL in its response, denies liability and argues that the three were fired fairly.
Our efforts to speak to PCL or any of the applicants proved futile.
