TAML COURTS THE JUDICIARY ON WORKERS’ COMPENSATION ISSUES IN THE TEA INDUSTRY
The Tea Association of Malawi (TAML) in conjunction with the Judiciary Training Committee with sponsorship from TAML, ILO and Insurance Association of Malawi hosted a capacity building workshop for Magistrates (from Mulanje, Thyolo, Blantyre and Nkhatabay) and personnel from the tea industry at Hapuwani Village Lodge in Mulanje from 24th – 25th February.
Participants' Group Photo
The objective of the workshop was to build the capacity of Magistrates in the tea growing districts of Thyolo, Mulanje and Nkhatabay to competently handle workers’ compensation claims; appeals from decisions of workers’ compensation commissioner, and related jurisdictional matters.
In addition to Magistrates, the workshop was attended by participants from the industry including TAML Board of Directors including Mr. Sangwani Hara the TAML Board Chairperson, TAML Industrial Relations Committee (IRC) and also representatives from the Insurance industry.
The Honourable Chief Justice Rezine Mzikamanda
Justice Annabel Mtalimanja - Chairperson, Judiciary Training Committee
The Honorable, Chief Justice Rezine Mzikamanda, SC was the Guest of Honor and he was accompanied by other senior officers from the Judiciary including the Chairperson of the Judiciary Training Committee, Justice Annabel Mtalimanja. The Chief Justice expressed his gratitude to TAML for hosting such a capacity building worship which in his words would go a long way towards enhancing the delivery of justice. In his closing, the Honourable Chief Justice implored the Magistrates to discharge their duties diligently and above all be corrupt free.
The workshop was a good platform for learning and knowledge sharing as it had a pool of well experienced professionals in the subject matter including Justice Mandala Mambulasa, Counsel Gustave Kaliwo, Counsel Mauya Msuku, CEO of TAML Mr. Tonda Chinangwa and the Workers Compensation Commissioner. The presentations among others focused on the following areas:
Jurisdiction when handling personal injuries claims including territorial jurisdiction (dealing with issues of forum shopping).
Best practices and precedents in computation of compensations/damages in personal injuries claims arising from workplace injuries.
Handling of appeals from decisions of the workers’ compensation commissioners.
Requisite burden and standard of proof in civil claim including personal injury claims.
Sensitization on the Occupational Safety, Health and Welfare Act, Workers Compensation Act and Law on Negligence.
Mr. Sangwani J. Hara - Chairperson, TAML Board of Directors
With a combination of delivery methods, the plenary sessions of the workshop were very informative and participatory. The participants shared their different perspectives and practical experiences on worker’s compensation issues and Occupational health and safety (including perspectives from the bench, the bar, the tea fields flavored with a tinge of humor).