to exhaust this remedy. II After considering the matter further, the IACHR upheld the above argument. The petitioners having failed in the Supreme Court as a result of approaching that court, wrongly, by way of "an 'amparo' for constitutional protectionJI instead of ,,through independent 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. The University had done neither; instead, it paid the Applicant for only a month. The Court, in its judgment of 27 November 2003, added two months' payment; this award was confirmed by the Supreme Court of Appeal in its judgment of 12 July 2004. The award 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 been given the opportunity to be heard. and had in fact appeared before a disciplinary committee on 16 September 1999, and also before the Vice-Chancellor on 2 December 1999. The Appellant did not seize the opportunity to {21) • cha~enge and argue ~- s 1!!:- ~?l~ 0?~