The Industrial Relations Court (IRC) in Blantyre has dismissed an application by Football Association of Malawi’(FAM) to set aside an order requiring the association to disclose recruitment and renumeration packages for Flames expatriate coach Mario Marinica and former coach Ronny Van Geneugden (RVG).
IRC deputy chairperson Edna Bodole made the ruling yesterday during a pre-hearing of the case in which redeployed Flames coach Meck Mwase sued FAM for unlawful termination of contract, redeployment and constructive dismissal.
Bodole has since ordered FAM, as respondents, through lawyer Louis Ulaya to make the documents available within 14 days before full trial starts on November 15.
Kanyenda (L) and Mwase confer after the ruling
On August 15 this year, the IRC ordered the respondents to disclose, within seven days, all documents, including employment contracts and/or terms of engagements, salaries and allowances for expatriates Marinica and RVG, but FAM through its lawyer argued that doing so would be a violation of privacy.
But Bodole said the issue has nothing to do with privacy infringement.
“The respondents should come up with the disclosures within 14 days. Trial will begin on November 15,” she said.
After the ruling, Ulaya, who was accompanied by FAM general secretary Alfred Gunda, said he would not comment on the matter.
“This was a preliminary hearing and I will not comment. However, we are ready for the trial,” he said.
Mwase’s lawyer David Kanyenda said his client was happy that the court has rejected the respondent’s request.
He said the disclosures will help to “lay bare the renumeration dispararities that exist between Flames expatriate and local coaches”.
Kanyenda said the disclosures will also justify Mwase’s claim for a K500 million compensation for contract termination.
FAM fired Mwase with a year left on his contract in April this year at its executive committee meeting in Mangochi where they appointed Marinica, previously the technical director, as his replacement.
Later, FAM redeployed Mwase as Under-23 national football team coach, but the coach turned down the offer. He resorted to suing the local football governing body.
Mwase guided the Flames to 2021 Africa Cup of Nations (Afcon) finals in Cameroon before being ‘demoted’ to an assistant coach as Marinica took charge of the team.