{"id":1485,"date":"2011-04-24T21:03:12","date_gmt":"2011-04-24T21:03:12","guid":{"rendered":"http:\/\/www.faceofmalawi.com\/?p=1485"},"modified":"2011-04-24T21:03:12","modified_gmt":"2011-04-24T21:03:12","slug":"madonna-goes-to-malawi-court-in-row-with-sacked-charity-school-employees","status":"publish","type":"post","link":"https:\/\/new.faceofmalawi.com\/index.php\/2011\/04\/24\/madonna-goes-to-malawi-court-in-row-with-sacked-charity-school-employees\/","title":{"rendered":"Madonna goes to Malawi court in row with sacked charity school employees"},"content":{"rendered":"\n<div id=\"article-body-blocks\">\n<p><strong><img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-medium wp-image-1486\" title=\"mercy-james-007\" src=\"http:\/\/www.faceofmalawi.com\/wp-content\/uploads\/2011\/04\/mercy-james-007-300x180.jpg\" alt=\"\" width=\"300\" height=\"180\" \/>Employees claim unpaid benefits and unjustified sackings but singer says ex-employees have been treated fairly<\/strong><\/p>\n<p>When <a title=\"More from guardian.co.uk on Madonna\" href=\"http:\/\/www.guardian.co.uk\/music\/madonna\">Madonna<\/a> broke ground for a school for girls in <a title=\"More from guardian.co.uk on Malawi\" href=\"http:\/\/www.guardian.co.uk\/world\/malawi\">Malawi<\/a> two years ago, it seemed to show that star power could overcome inertia  and get things done. Instead, it has turned into a legal quagmire.<\/p>\n<p>Construction of the $15m (\u00a39.4m) school never started and eight workers at her charity were sacked.<\/p>\n<p>Madonna has now been forced to launch a legal defence against the former employees, who are suing her for <a title=\"unfair dismissal\" href=\"http:\/\/www.guardian.co.uk\/world\/2011\/mar\/28\/charity-workers-sue-madonna-malawi-school\">unfair dismissal<\/a> and non-payment of benefits <a href=\"http:\/\/www.guardian.co.uk\/world\/2011\/mar\/28\/charity-workers-sue-madonna-malawi-school%5D.\">.<\/a><\/p>\n<p>In  papers filed at the industrial relations court in the commercial  capital, Blantyre, Madonna asserts: &#8220;There is nothing unfair about the  termination of the applicants&#8217; employment since termination of  employment was necessitated by genuine economic reasons.&#8221;<\/p>\n<p>The papers were filed by the singer&#8217;s new lawyer, Davis Njobvu, of the private legal firm Savjani and Company.<\/p>\n<p>The cancellation of the <a title=\"Raising Malawi\" href=\"http:\/\/www.raisingmalawi.org\/\">Raising Malawi<\/a> Academy for Girls (RMAG) was announced in January amid allegations of  mismanagement including excessive spending on officescars and golf  membership.<a href=\"http:\/\/www.guardian.co.uk\/world\/2011\/mar\/25\/madonna-malawi-charity-squandered-millions\">An audit found $3.8m (\u00a32.4m) had been squandered<\/a>.<\/p>\n<p>Madonna  said the decision by her charity not to continue funding the academy  was taken &#8220;after carefully reviewing its financial commitments and  future plans and was made in good faith&#8221;.<\/p>\n<p>She said the academy,  backed by prominent Hollywood figures and Madonna&#8217;s associates in  Kabbalah, &#8220;had tried to act reasonably and expediently to avoid  frustrating the former workers.&#8221;<\/p>\n<p>The staff accuse her of  terminating their employment without proper procedures and are demanding  terminal benefits. They also claim they are being forced to sign a  discriminatory termination agreement that is &#8220;unfair and  unconstitutional.&#8221;<\/p>\n<p>Madonna, who adopted a boy and a girl from the  southern African country, says the termination agreement was &#8220;simply a  confidentiality agreement which RMAG wanted the applicants to execute in  consideration for the higher payments in order to protect the interest  of RMAG.&#8221;<\/p>\n<p>She says RMAG offered to pay all the workers terminal  benefits over and above what they would be entitled to in a retrenchment  and redundancy package &#8220;as long as they signed a confidentiality  agreement&#8221;.<\/p>\n<p>Madonna says: &#8220;RMAG is ready and willing to pay the  applicants their retrenchments and redundancy benefits calculated in  accordance with the employment act and the laws of Malawi.&#8221;Madonna also  applied to the court to strike out Raising Malawi as a party to the  legal action. She argues that Raising Malawi is a charitable trust  incorporated in the United States and legally distinct from RMAG. &#8220;For  the purposes of the academy project, RMAG employed the applicants in  various positions and there were no contracts between Raising Malawi Inc  and the applicants. RMAG, as opposed to Raising Malawi Inc, would be  responsible for any matters relating to the applicants&#8217; employment.&#8221;<\/p>\n<p>Hearing of the application to strike out Raising Mawali as a party to the action has been set for 27 April.<\/p>\n<p>The group of sacked workers includes chief executive <a title=\"Dr Anjimile Oponyo\" href=\"http:\/\/www.globalphilanthropygroup.com\/\">Dr Anjimile Oponyo<\/a>.  An audit by the Global Philanthropy Group, brought in by Madonna to  rescue the charity, reportedly said of Oponyo: &#8220;Her charisma masks a  lack of substantive knowledge of the practical application of  educational development, and her weak management skills are a major  contributor to the current financial and programmatic chaos.&#8221;<\/p>\n<p>Madonna  announced in January that she was overhauling her plans for Malawi. The  academy had been intended to offer 500 scholarships to girls from  impoverished backgrounds, but she said she realised this would not serve  enough children in a country where only 33% of girls attend secondary  school.<\/p>\n<p>Madonna said she wanted to &#8220;reach thousands and not  hundreds&#8221; and would expand the charity&#8217;s mission and change its  management. &#8220;We are focused on an approach which builds schools within  communities across the country.&#8221;Madonna bankrolls several orphanages in  Malawi, including Home of Hope in Mchinji, 60 miles from the capital  Lilongwe. The orphanage, home to 500 children, is where she first  adopted a boy, David, in 2006. Some 25,000 orphans in central Malawi are  fed, clothed and housed by Madonna&#8217;s charity.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Employees claim unpaid benefits and unjustified sackings but singer says ex-employees have been treated fairly When Madonna broke ground for [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1486,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[238],"tags":[317,318,286,294],"class_list":["post-1485","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-madonna-in-malawi","tag-court","tag-law","tag-madonna","tag-raising-malawi"],"_links":{"self":[{"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/posts\/1485","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/comments?post=1485"}],"version-history":[{"count":0,"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/posts\/1485\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/media?parent=1485"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/categories?post=1485"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.faceofmalawi.com\/index.php\/wp-json\/wp\/v2\/tags?post=1485"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}