Malawi Supreme Court of Appeal - 1996

1 judgment

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1 judgment
Citation
Judgment date
September 1996
Payment in lieu of notice is "remuneration" and a contractual term permitting one month's pay for three months' notice violated the constitutional right to fair remuneration.
Constitutional law – right to fair remuneration – meaning of "remuneration" includes payment in lieu of notice; Labour law – notice and payment in lieu – contractual term invalid if inconsistent with constitutional labour rights; Constitutional interpretation – generous and purposive construction of fundamental rights; Contract law – private contractual provisions subject to constitutionality review.
2 September 1996