fo exhaust this remedy.” After considering argument. the matter further, the IACHR upheld the above The petitioners having failed in the Supreme Court as a result of approaching protection” that court, wrongly, instead of “through by way of “an independent ‘amparo’ for constitutional action for constitutionality” could not claim to have exhausted judicial local remedies. 39.To resolve whether or not the Applicant has exhausted local remedies in compliance with Article 6 (2) of the Protocol read together with Article 56 (5) of the Charter, it is necessary to look again at the judgments of the national courts of Malawi. 39.1. Judgment of the High Court, 27 November 2003: The Court held that the employment contract could be terminated by either party, upon three months’ notice or by a three months’ payment in lieu of such notice. University had done month. The months’ payment; Appeal Court, neither; instead, in its judgment this award in its judgment was it paid of 27 the Applicant November confirmed of 12 July 2004. The 2003, for only added by the Supreme award The a two Court of still stands; whether the Appellant has collected it or not, is irrelevant. 39.2. The Industrial Relations Court: The Court held that the dismissal was fair and that the Applicant had and had September in fact 1999, appeared and also been before before given the opportunity to be heard, a disciplinary committee the Vice-Chancellor on on 16 2 December 1999. The Appellant did not seize the opportunity to challenge and argue “I! (21) We =

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