Dear Claudienne,

I was separated from the NSWMA on August 27, 2021. The company and I settled that ‘separation’ in March 2022.

I wrote to them on April 19, 2022 requesting retroactive pay as per salary increase to government workers, unused vacation as at August 27, 2021, and for reimbursement of travelling for August 2 and 20, 2021 as a travelling officer. I did not receive a response or acknowledgment. I sent another/reminder email in August 2022. Again, no response or acknowledgment.

I am seeking your assistance to get the funds due to me.

Thanking you in advance.

XX

Dear XX,

Tell Claudienne contacted the Human Resource department of the NSWMA on October 19, 2022 and was instructed to refer the matter to the corporate director.

The corporate director told Tell Claudienne that the NSWMA would send you a direct response but was non-committal as to when you would get it.

On October 26, 2022 Tell Claudienne emailed your complaint to the permanent secretary at the Ministry of Local Government seeking to find out how you could be provided with the answers to your inquiries about the retroactive, unused vacation, and travelling payments that you believe you are owed.

We see that on Friday, March 10, 2023 you received an email from the legal director, NSWMA, that stated that “the delay in providing you with a formal response is regretted”.

The email stated the following:

“On file is a fully executed Settlement Agreement/Release and Discharge and Confidentiality Agreement, dated 21st March 2022 to which you are the signatory. You may recall that the terms of that agreement was arrived at after several months of negotiations which ensued, and was concluded through your representative XX, industrial relations consultant, regarding employment separation package. The Release and Discharge was not ambiguous, and it has never been complained of that, as a signatory thereto, you were either coerced or under any duress regarding the terms contained therein.

Accordingly, the National Solid Waste Management Authority says as follows:

Any person who has a cause of action against another may agree with him to accept, in substitution for his legal remedy, any consideration. The agreement by which the obligation is discharged is called ‘Accord’ and the consideration which makes the agreement binding is called ‘Satisfaction’.

Thus, Accord and Satisfaction are the purchase of a release from an obligation arising under contract or by means of any valuable consideration, not being the actual performance of the obligation itself.

“When the satisfaction agreed upon has been performed and accepted, the original right of action is discharged and the Accord and Satisfaction constitute a complete defence to any further proceedings upon that right of action.”

(Clerk and Lindsell on Tort 17th edition 30-06p.1559).

In light of the foregoing the authority hereby informs that, as at February 3,2023, it performed in Accord and Satisfaction, thereby fully discharging its obligation in this matter.”

We wish you all the best.

Have a problem with a store, utility, a company? Telephone 876-936-9436 or Cell # 876-484-1349 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 Beechwood Avenue, Kingston 5, or email edwardsc@jamaicaobserver.com. Please include a contact phone number. .