Esther was employed on permanent and pensionable terms of employment by ESAMI. She was employed as an Executive Assistant to the Director-General. In June, 2016 she applied for 35 days long leave, which she was granted. During leave, Esther was arrested by police in the post election violent disturbances that occurred following the recent General elections and she was charged with treason. When leave ended, Esther could not return to work as she was in police custody and her employer wrote her a letter suspending her from employment. Two weeks later, the employer wrote another letter in the following terms:

Dear Esther Nyirenda,

RE: TERMINATION OF EMPLOYMENT

We refer to our letter of 12^th June, 2016 suspending you from employment following your failure to report for work after leave.

Management has now taken a decision to terminate your services from 7^th july 2016 being the day you were supposed to resume work. Management wishes to further state that while it is aware that you have been in police custody, it does not intend to wait for the court's verdict before taking action.

Your termination of employment is done pursuant to Clause 18.7 of the Joint Industrial Council Agreement.

Yours faithfully,

Francis Kumwenda

ESAMI

NB. Clause 18.7 referred to stated as follows: "An employee who shall absent himself/herself from work for a period in excess of seven (7) days without reasonable explanation shall be deemed to have left the employer's services without notice."

Under Clause 24 of the same Agreement, there was a provision that either party was entitled to terminate the contract by giving Notice of thirty (30) days.

Using legal authorities, discuss and resolve the issues raised by this case and advise whether Esther can successfully sue for wrongful/unfair dismissal.