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According to Section agreement alleged amount applicant award Banda basis benefits breach capacity or conduct claim Clearly common law compensation Constitution constructive dismissal contract of employment Convention course damages decision defendant disciplinary discrimination dispute duty effect employed employee employee's employment Employment Act employment relationship employment-related ensure entitled fact give held implied industrial action Industrial Relations Court injunction injury instance IRCM Matter IRLR labour practices Labour Relations Act leave liable lieu of notice Ltd Civ cas Malawi Malawi Railways misconduct months natural justice obligations offence Ombudsman organisation paid parties payable payment performance period person plaintiff procedure prohibited grounds protection provision refuse reinstatement remedy remuneration respondent result retirement salary Section 57 Section 6(1 Similarly specific statutory summarily summary dismissal suspension terminate the contract terminate the employment termination of employment terms and conditions trade union unfair dismissal unfairly University of Malawi unlawful violation wages words Workers