Former Mighty Mukuru Wanderers defenders Francis Mulimbika and Bongani Kaipa have filed a lawsuit against the club for unlawful termination of their contracts after they were told not to report for training in October 2022.
The two players have dragged the team to the Industrial Relations Court (IRC) to seek compensation for what they call unfair dismissal from the team.
Mulimbika who renewed his contract on 18 February 2022 to February 17, 2024, and Kaipa who extended his contract on 1 April 202 to March 30 2024 are demanding MK44, 280, 000 in damages through their lawyers Makiyi, Kanyenda, and Associates.
Mulimbika is demanding MK20 902 000 while Kaipa is asking for MK23 378 000.
According to court documents we have seen, Wanderers has not yet issued written communication to the two players despite stopping paying them salaries in September 2022.
“To date, the applicants are yet to receive written communication from the respondents [Wanderers] confirming their employment status and terminal benefits despite the respondent’s undertakings to do so timely. Further, the respondents stopped payment of any salaries and emoluments to the applicants, causing them and their families financial ruin and misery,” reads part of the court order.
Kaipa and Mulimbika first lodged a complaint with the Football Association of Malawi (FAM), but no resolution was reached despite a mediation session held on December 19.
But in his words, Wanderers company secretary Chancy Gondwe, who is also the board secretary and legal adviser described the claims as ridiculous.
Gondwe added that a player’s contract can be terminated at any time depending on his performance.
“Most of the claims I have seen in the IRC Form 1 are just ridiculous and without any legal basis. Football employment contract is always performance-based and can be terminated at any time when the player’s performance is not satisfactory to his employers.
“I feel sorry for them since they have now opted to take such a long and unpredictable legal journey instead of using mediation and conciliation mechanisms provided by FAM,” said Gondwe.
Both Mulimbika and Kaipa joined the Lali Lubani giants in 2010.
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