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Disputed contract status: settlement with a former board member

Editorial summary

The claimant disputed contract termination and payments with the association, which counterclaimed. The court approved a settlement recognising a board-member contract and final compensation of 422.46 euros.

Order approving a settlement · Viru Maakohus (Narva kohtumaja) · First instance

Narva linn, Kangelaste prospekt 49 korteriühistu · 80162811

Apartment association board and managementThe apartment association as employerEmployment contract termsTermination of employment contracts
Participants and roles
  • Claimant and counterclaim defendant — former board member XX
  • Defendant and counterclaimant — Narva linn, Kangelaste prospekt 49 korteriühistu

The dispute and the court’s decision

Claimant XX sued Narva linn, Kangelaste prospekt 49 korteriühistu, named in the source as KÜ Kangelaste 49, seeking invalidity of employment termination, unpaid wages and compensation. The association denied the claim and counterclaimed to challenge the contract’s validity. In the settlement, the parties recognised a board-member contract dated 20 June 2004, extended upon re-election. It ended when the claimant was removed as board chair by the general meeting on 12 September 2011. The association undertook to pay final compensation of 422.46 euros within 15 calendar days after the order entered into force. After payment, neither side would have further claims not mentioned in the agreement. The court approved the lawful and performable agreement and terminated proceedings without deciding the original opposing positions on their merits. Each side bears its costs; half the court fees were ordered refunded: 57.52 euros to the claimant and 159.77 euros to the association for its counterclaim. The appeal deadline was shortened to seven days from service. Performance and entry into force have not been reverified.

Outcome of this decision

The court approved a settlement on termination of the board-member contract and payment of 422.46 euros after entry into force, terminating proceedings. Fee refunds of 57.52 euros to the claimant and 159.77 euros to the association were ordered.

Entry into force has not been reverified