2011-��AT-137

��AT Held or ��DT Pronouncements

��AT 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. ��AT noted that, as ��DT found, the Appellant received notice of her termination date when she signed the MOU, some four months prior. ��AT held that the fact that a formal letter was received later neither abrogated the MOU nor gave rise to any further compensation. ��AT found no error in the ��DT judgment. ��AT held that ��DT 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. ��AT dismissed the appeal and affirmed the ��DT 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. ��DT 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