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Employment dispute: termination by mutual agreement

Editorial summary

An employee disputed the employment contract, its termination and payments with the association. The court approved a settlement providing for termination by agreement, payment of 193.84 euros and withdrawal of the remaining claims.

Order approving a settlement · Viru Maakohus · First instance

Narva linn, Uusküla tn 17 korteriühistu · 80054990

The apartment association as employerTermination of employment contractsPay and compensation
Participants and roles
  • Claimant — employee XX
  • Defendant and employer — Narva linn, Uusküla tn 17 korteriühistu

The dispute and the court’s decision

Claimant XX disputed the recognition of an employment relationship, invalidity of termination and monetary claims with Narva linn, Uusküla tn 17 korteriühistu, named in the source as KÜ Majak. The parties settled: the employment contract dated 26 February 2010 is treated as terminated on 10 November 2010 by mutual agreement. The association undertook to pay 193.84 euros in unused-leave compensation and wages within three days after approval. The claimant waived the remaining claims for three months’ average wages as compensation, public-holiday pay and overtime pay. The court found the agreement permissible and capable of performance, approved it, terminated proceedings and cancelled the scheduled hearing. It made no separate finding that termination was unlawful or that the remaining claims were justified. The appeal deadline was shortened to one day from service. Actual payments and entry into force have not been reverified.

Outcome of this decision

The approved settlement treats the contract as terminated by mutual agreement from 10 November 2010, requires payment of 193.84 euros and waives the remaining claims. Proceedings ended and the hearing was cancelled.

Entry into force has not been reverified