JUDGMENT OF THE COURT
Charles Agina, the appellant herein, was employed by Shipmarc Ltd, the first respondent, as a marine engineer, on 14th May, 1995. There was no written contract. However, all the negotiations for the terms of employment were undertaken by J. H. Nielsen, the director of Shipmarc Ltd, and the second respondent herein.
In or about October, 2002 Shipmarc Ltd began experiencing business and liquidity problems, and sought to terminate the services of the appellant. There were clearly differences of opinion on what did or did not form part of the terms of employment, and the eventual terminal benefits payable to the appellant. Following extensive negotiations, the parties reached settlement, and signed a memorandum of agreement dated 1st November, 2002, pursuant to which the appellant agreed to receive the sum of US $20,032 “in full and final settlement of (his) terminal dues”. There is no dispute that the parties accepted this agreement to be mutually binding, and proceed…