91. From the myriad of cases on the subject of fair labour practices, it is almost settled that, what constitutes a ‘fair labour practice’ will be determined on a case-by-case basis taking into account the specific circumstances of each case. See, for example, the case of Lameck Moyo v National Bank of Malawi MSCA Civil Appeal Number 19 of 2009. 92. In the ANE Sakala Case, a practice by an employer which was found to be discriminatory in terms of section 20 of the Constitution was also found to be unfair in terms of section 31 of the Constitution. In essence, the practice was deemed to be unreasonable as between the employer and the employee. 93. Looking at section 11 of the Pension Act it empowers the Minister responsible for finance to exempt certain categories of employees from the mandatory occupational pension scheme. Through the Pension (Exemption) Order the Minister included domestic workers on the list of exempted employees. 94. In this respect, we further agree with Counsel for the Defendants that on account of the arguments on the right to equality, the exclusion from the mandatory occupational pension scheme of domestic workers does not entail that domestic workers have been discriminated against, which in turn would perpetuate unfairness within the meaning of unfair labour practices in the ANE Sakala Case. We thus conclude that exempting domestic workers from the mandatory occupational pension scheme does not violate the right to fair labour practices in section 31 of the Constitution. Page 34 of 45