Mr Likongwe studied Employment Law at Master of Laws level. He was actively involved during the conception, negotiations and drafting of the Employment Act 2000 when he was part of the Employers’ Consultative Association of Malawi (ECAM) team that negotiated with other stakeholders. He was also very actively involved in the discussions and negotiations that culminated into the Employment (Amendment) Act, 2010 (changing some aspects of severance allowance) and the Pension Act 2010. (The two Acts were trade-offs between employer and employee representatives.)
All key personnel have argued complex cases on behalf of mostly employers (and in some cases employees) in the Industrial Relations Court, the High Court and the Malawi Supreme Court of Appeal. Mr. Likongwe’s routine work at Auction Holdings Ltd involved defending the company in the Industrial Relations Court against claims by ex-employees and employees of the Auction Holdings Group (which employs over 3,000 people). The litigation was increased due to over 3 restructuring exercises that the Auction Holdings Group undertook between 2002 and 2005, some industrial strikes and the money temptations that the Auction Holdings Group employees have especially during the tobacco selling season, resulting in many dismissals.
Messrs Sitima and Chigoneka have also extensively handled matters in the Industrial Relations Court both for corporate and individual clients. On daily basis we handle cases in the Industrial Relations Court and give advice to clients on labour issues.
Likongwe & Co has drafted Conditions of Service for various companies and different levels of employees. We have also drafted Employment Contracts for various levels of employees. We have also negotiated Pension Scheme Rules and Investment Contracts for Pension Schemes.
Likongwe & Co has drafted Disciplinary Hearing Procedures for various clients and we have hands-on experience in handling labour complaints and disciplinary hearings. We have handled disciplinary hearings and appeals from disciplinary hearings for various clients involving employees ranging from low level employees in the labour grade up to the highest levels including chief executive officers. The disciplinary hearings and appeals we have handled involved all sorts of offences including theft, fraud (including sophisticated computer frauds), corruption, incompetence, absenteeism, fighting, unlawful strikes, discrimination, sexual harassment, etc.
Mr. Likongwe has hands-on experience dealing with trade unions, and we have the expertise in drawing up and negotiating recognition agreements with trade unions or negotiate with trade unions on any other issues.
We have advised various clients on Occupational Health and Safety in the workplace and we have also handled workers’ compensation claims for various clients.
