2011-Ģ��ƵAT-137

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT noted that the parties freely made an agreement, the Appellant received benefits under it and then she sought additional benefits on the basis that she had not received proper notice. Ģ��ƵAT noted that, as Ģ��ƵDT found, the Appellant received notice of her termination date when she signed the MOU, some four months prior. Ģ��ƵAT held that the fact that a formal letter was received later neither abrogated the MOU nor gave rise to any further compensation. Ģ��ƵAT found no error in the Ģ��ƵDT judgment. Ģ��ƵAT held that Ģ��ƵDT correctly determined that the Appellant was not entitled to compensation in lieu of notice under the MOU as she had received a notice and had given up her right to contest her termination in the MOU. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant, having entered into an MOU with the Administration for an agreed termination, then sought compensation in lieu of notice for the termination. Ģ��ƵDT dismissed the application.

Legal Principle(s)

A Memorandum of Understanding (MOU) signed by a staff member will normally be enforced.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

Jemiai

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement