It’s effectively a goodwill payment normally paid as compensation for loss of the employee’s employment. It also goes on to require the employee to accept the ex gratia payment on the clear understanding that they won’t later issue legal proceedings against you in … It’s effectively a goodwill payment normally paid as compensation for loss of the employee’s employment. Final Payments and Related Matters: In-depth. She was provided with cheques in respect of her statutory entitlements and an ex gratia payment. Qualifying criteria 26th May 2015 From India, Hyderabad. If an insurer wishes to settle a claim on the basis that it is in full and final settlement it has to obtain the agreement of the complainant prior to payment. If you want to find out how much you should get, try our Settlement Agreement Calculator. 'categories' : '', Employee don't have any right to ask for Ex-gratia but they can request only for that . Without agreement that the payment is in full and final settlement a complainant would be … Guidance on how ex-gratia payments are managed and resolved, and how actual and non-financial losses are assessed by UK Visas and Immigration, Immigration Enforcement and Border Force. Add the url of this thread if you want to cite this discussion. OFFER OF EX-GRATIA PAYMENT. The termination date was recorded as 31 October 2013. It was an ex gratia payment in full and final settlement of all disputes between the parties. Currently, since there is no clarity regarding the timeline for settlement of full and final payments. In terms of our practice, interest has to be paid on late payment of a claim.”, If an insurer wishes to settle a claim on the basis that it is in full and final settlement it has to obtain the agreement of the complainant prior to payment. Ex gratia payments in settlement agreements are great things if you can get them, because they offer a unique tax break only really available to employees who are leaving work after a dispute or redundancy situation. The termination date was recorded as 31 October 2013. Special Reports In the absence of such an agreement it is a normal payment in … h��WmO�8�+�t*�i�T(��n9��'U�h"��J���f쾧=҂�TBl�����33�-�kZ���R�� ��h�gM�9v8�s������q)W����ǭ��� 'script_url' : 'https://careers.moonstone.co.za/?embed=wp_job_manager_widget', The insurer also raised the argument that it had been an ex gratia payment. The insurer may have paid the claim with that intention but the complainant did not receive it as such. In the absence of such an agreement it is a normal payment in terms of the policy provisions (even if the insurer regarded it as a so-called ex gratia payment). DZ(�E����`��A�����@��5&�k��e�����K� ��� Employers should therefor be careful to adhere to the requirements of a settlement agreement when entering into one. Previous. There was no suggestion before the court that the Applicants were tricked or were acting under duress when they accepted their ex-gratia payments in full and final settlement. They are much more vague and have only accepted the amount as a full and final offer. 5. This measure is intended to bring fairness and clarity to the taxation of termination payments by making it clear that all PILONs, rather than just contractual PILONs, are taxable earnings. View Template We were asked to approach the insurer for an ex gratia payment and the insurer, having considered all the circumstances of the case, made a generous offer which the widow accepted in full and final settlement. Preparations guides accept in full and final settlement, the monies offered below in payment for . It was an ex gratia payment in full and final settlement of all disputes between the parties. For Venues and How to register, Downloads available: www2.parl.gc.ca Pour ce qui est de la partie d) de l a question , parmi les 2 75 8 demandes a yant donné lieu à une décision favorable, 1 116 ont été faites par des militaires et 1 … Tax and Duty Manual Part 05-05-19 3 1. 50 0 obj <>/Filter/FlateDecode/ID[]/Index[22 54]/Info 21 0 R/Length 123/Prev 126728/Root 23 0 R/Size 76/Type/XRef/W[1 3 1]>>stream Ex gratia payments are not covered by insurance and therefore any payments made will be funded by the directorate, usually from salaries budgets. ��~'�i��6�S�u;m`'LD��I�� O�w��>�OGX͢�V7�9O&Wi��X g�E�4L� ��&SP�����K�����p�k����S6|=:O��]���l�. In terms of our practice, interest has to be paid on late payment of a claim.” If an insurer wishes to settle a claim on the basis that it is in full and final settlement it has to obtain the agreement of the complainant prior to payment. ITEM COST OF ARTICLE AND DATE OF PURCHASE PAYMENT. Redundancy Toolkit. The template is mainly for employees near retirement. If an insurer wishes to settle a claim on the basis that it is in full and final settlement it has to obtain the agreement of the complainant prior to payment. Settlement agreement including pension payment. For Bonsile Dladla it was E2,002.21 and for Sindisiwe Mafu it was E3,111.94. Ngāti Rangiteaorere received a partial settlement of their historical claims in 1993 for the settlement of Wai 32 which included the return of Te Ngae Farm and an ex-gratia payment. An ex gratia payment is a payment made by an employer where there is no contractual obligation to do so – it is derived from the Latin: “out of kindness” (used to mean done as a favor and without legal obligation). It isn’t most appropriate for younger employees as pension money won't be accessible to them for a long time. Special Reports However If you are down-sizing you can give your employees and may get blessings from them if they were loyal, honest and hard worker and performed well during the employment period . Ex gratia payments are not covered by insurance and therefore any payments made will be funded by the directorate, usually from salaries budgets. At paragraph 5.1, it was agreed that the employee shall receive an ex gratia payment equivalent to her 6 months remuneration as termination payment. DATE FOR STAFF CLAIMS (reimbursement will be made via … 47813/- 06.10.2000 to 31.05.2017: c) Bonus for the year 2000...of the two cheques detailed in clause (1) above in full and final settlement of all his claims including ex-gratia, bonus, leave wages, gratuity etc. This field is for validation purposes and should be left unchanged. There was a delay in finalising a claim. Application of Universal Social Charge.....27. If there is an ex gratia amount payable in the settlement, the ex gratia amount should not include statutory moneys owed to the employee because the employer might end up or ordered to pay the employee his statutory monies again. ���F�dJ�1 %3`,H�p�i��"��`(�4XJ*V�� Ex gratia translates to ‘by favour’ and literally means a voluntary payment or a … Employment Law Update: Tips for Employers on Full and Final Settlement Clauses. Retrenchment compensation benefit payable or not in full and final settlement 14th June 2017 From India, Jamshedpur. An ex gratia payment is one that you pay to the employee without a legal obligation to do so, usually on termination of their employment. Subsequent to entering into the settlement agreement, it came to Ferguson’s attention that the company had commenced a new building project at Saldanha. �u�M,�s߾E/�e�H�ۗNF0�uz5ǣǺ]N6�5Yڂ�MI Our ex gratia termination payment receipt not only asks the employee to confirm receipt of an ex gratia payment but it also enables you to reach a full and final settlement on their contractual claims related to their employment or its termination. Guidance on how ex-gratia payments are managed and resolved, and how actual and non-financial losses are assessed by UK Visas and Immigration, Immigration Enforcement and Border Force. In terms of our practice, interest has to be paid on late payment of a claim.” If an insurer wishes to settle a claim on the basis that it is in full and final settlement it has to obtain the agreement of the complainant prior to payment. endstream endobj startxref If an insurer wishes to settle a claim on the basis that it is in full and final settlement it has to obtain the agreement of the complainant prior to payment. If you are talking about Accenture in India, No, full and final settlement does not contain PF and gratuity amount. At paragraph 5.1, it was agreed that the employee shall receive an ex gratia payment equivalent to her 6 months remuneration as termination payment. Filters. The agreement was to be in full and final settlement of all claims arising from the employee's employment, termination of service and it granted the applicant: - Two weeks' pay, - One month's notice pay, and - An ex gratia payment of R5 000. Without agreement that the payment is in full and final settlement a complainant would be entitled to request interest and compensation in our office and we would consider the request in terms of our Rules and normal practice.”, Please click here to read the full background to this interesting ruling. 0 www2.parl.gc.ca Pour ce qui est de la partie d) de l a question , parmi les 2 75 8 demandes a yant donné lieu à une décision favorable, 1 116 ont été faites par des militaires et 1 … 'location' : '', An example - an employer that has $10,000 outstanding wages but calls this ex … The claimant under an insurance policy has to prove the claim, in this case the death of the life insured. %PDF-1.5 %���� "� Ex gratia payments are also known as ‘golden handshakes’ or ‘golden boots’. PAGE . WITHOUT PREJUDICE – EX GRATIA CLAIM: DATE: I, NAME, TITLE AT LOCATION. D D Before dealing with the legal authorities, to which the court was referred by both counsel, the court will first analyse the three payments which made up the said amount of P63,927, namely salary withheld, accrued leave pay and notice pay. You can be rest assured that I will not be sending them a penny until they confirm everything as per my letter: '[FONT="]I want to re-offer this as an ex-gratia payment in full and final settlement of the account. 'keywords' : '', This topic covers pay on termination of employment, including payment of outstanding wages and other monies due, deductions from pay, pay in lieu of notice and redundancy pay. Without agreement that the payment is in full and final settlement a complainant would be … THE LEGAL POSITION IN REPSECT OF A FULL AND FINAL SETTLEMENT. var embeddable_job_widget_options = { Don’t be led by your nose – check the facts, OSTI’s jurisdiction is limited concerning time-barred complaints, The importance of the FSCA’s RE Preparation Guide, As our core business we service the compliance needs of financial institutions, several industry bodies as well as a number of other businesses, Kenya – Economy now estimated to be 25% larger. BP.BC.47/ 21.04.048/2019-20, dated 27th March 2020 and extended on 23rd May 2020. The insurer may have paid the claim with that intention but the complainant did not receive it as such. Summary. d) Of the 2758 clients in receipt of the ex gratia payment, 1116 clients were military personnel and 1642 clients were civilian personnel. - An ex gratia payment of R5 000. As part of this settlement, Ferguson received two weeks’ severance pay, one month’s notice pay and an ex gratia payment of R 5 000. The case was mentioned in the week-end press. The making of an ex gratia payment to the employee comes with the expectation that the employee will accept such payment in full and final settlement, satisfaction, release and discharge of any submitted or future claims, actions or causes of action relating to the employee’s employment with the employer. I have been following for my Full and final settlement last two months and now they have confirmed me that it is ready and asked me to collect it. Letter 5 – Offer of a full and final settlement Make sure the words ' Without Prejudice ' are put at the top of the letter. received by employees, as well as taxes, social security contributions and other amounts payable by employees and withheld at source by the employer. ITEM COST OF ARTICLE AND DATE OF PURCHASE PAYMENT. Ex gratia termination payment receipt. 'pagination' : '0' In the absence of such an agreement it is a normal payment in terms of the policy provisions (even if the insurer regarded it as a so-called ex gratia payment). 'per_page' : '4', 6.2 Aggregation of Ex-Gratia Payments.....23 6.3 Joint Assessment Cases where Both Individuals have Income.....23 7. In an unusual move, the Government has agreed to make an ex gratia payment to Bain in the interests of bringing closure to the long-running claim. How to Safely Implement and Manage Redundancies. In the absence of such an agreement it is a normal payment in terms of the policy provisions (even if the insurer regarded it as a so-called ex gratia payment). In an unusual move, the Government has agreed to make an ex gratia payment to Bain in the interests of bringing closure to the long-running claim. In two recent cases, the Employment Appeals Tribunal (“EAT”) highlighted the importance of informed consent in the context of employees signing full and final settlement waivers. Till September 2016, whoever left the organisation, they were paid the accumulated gratuity amount as “Ex-gratia” since neither company nor employee completed five years of service. The insurer may have paid the claim with that intention but the complainant did not receive it as such. ITEM, DESCRIPTION OF LOSS/DAMAGE. This settlement agreement includes a tax free ex gratia payment of over £30,000 into an employee’s pension fund. D D Before dealing with the legal authorities, to which the court was referred by both counsel, the court will first analyse the three payments which made up the said amount of P63,927, namely salary withheld, accrued leave pay and notice pay. In the absence of such an agreement it is a normal payment in terms of the policy provisions (even if the insurer regarded it as a so-called ex gratia payment). a) Ex-gratia for the period from 06.10.2000 to 31.05.2017: Rs.454349/- b) Leave wages from from Rs. Insurers sometimes make payments in settlement without advising the claimant prior to payment of the amount which will be paid, and, without obtaining the claimant’s agreement that the payment is in full and final settlement. Companies usually frame their own policies and follow them . FOLLOW THE SETTLEMENTS AND EX GRATIA PAYMENTS By Robert M. Hall [Mr. Hall is a former law firm partner, a former insurance and reinsurance executive and acts as an insurance consultant and expert witness as well as an arbitrator and mediator of insurance and reinsurance disputes. WITHOUT PREJUDICE – EX GRATIA CLAIM: DATE: I, NAME, TITLE AT LOCATION. 22 0 obj <> endobj (iii) The ex-gratia payment under this scheme shall be admissible irrespective of whether the borrower in sub-clause (1) had fully availed or partially availed or not availed of the moratorium on repayment announced by RBI vide its circular DOR.No. Thanks everyone for your valuable responses. Among other itemized payments, the Applicants were also paid a sum of money referred to as ex-gratia settlement payment. Ex gratia payments in settlement agreements are great things if you can get them, because they offer a unique tax break only really available to employees who are leaving work after a dispute or redundancy situation. In other words, there’s no legal entitlement to the ex gratia payment. Representational image . ��"]CS�z�iH�д�Lh:�#�������E7�f�M_���) The matter was referred to the Long-term Ombud, who ruled as follows: “Although the insurer stated that the claim was paid in full and final settlement it did not have the complainant’s agreement to this effect. After payment of the sum assured, the beneficiary claimed interest, which the assurer declined to pay in view of the fact that the claims payment letter contained the standard disclaimer. Fax: +27 21 883 8005, 25 Quantum Street, Technopark Paragraph 11 thereof documents that this agreement is in … Whether an ex gratia payment is a PAYG withholding payment or not will depend on the quality and character of the payment in the hands of the recipient. An ex gratia payment is one that you pay to the employee without a legal obligation to do so, usually on termination of their employment. Have you ever wondered why this disclaimer is contained in every claims settlement letter? 03. After signing this agreement, the applicant discovered that his company had just been awarded a new project, making his retrenchment unnecessary. 'job_types' : '', DATE FOR STAFF CLAIMS (reimbursement will be made via … Tax and Duty Manual Part 05-05-19 3 1. }; Phone: +27 21 883 8000 He also signed a letter (“Acknowledgement Letter”) accepting that he would receive (1) salary for the full month of March 2004, (2) four months’ salary in lieu of notice, (3) salary in lieu of untaken annual leave pay, and (4) an ex gratia payment of $340,000 as the “full and final settlement of all claims” in respect of his termination of employment with the Defendant. 12. The averment that the ex gratia payment was in full and final settlement was disputed on behalf of the Trust. 11. yes true we cannot claim as per the graduaty act it sholud be completed 5 yrs then only it will applicable. The Ngāti Rangiteaorere deed of settlement provides for full and final settlement of all historical Treaty of Waitangi claims of Ngāti Rangiteaorere resulting from acts or omissions by the Crown prior to 21 September 1992, and includes: an agreed historical account, Crown acknowledgments and apology The following case demonstrates the effect of this omission where the claimant subsequently claims an additional amount. The latest newsletter from the Long-term Ombud contains details of why merely stating “In full and final settlement” is not good enough. OFFER OF EX-GRATIA PAYMENT. OFFERED £ TOTAL OFFERED £ SIGNED. New Delhi: When you change your job it usually takes up to a month to get your full and final settlement amount from your previous employer. However, I have been able to raise some short-term funds and would like to offer you £_____ as an ex-gratia payment in full and final settlement of the account. Employer Procedures and Application of PAYE.....26 8. 5. As part of this settlement, Ferguson received two weeks’ severance pay, one month’s notice pay and an ex gratia payment of R 5 000. accept in full and final settlement, the monies offered below in payment for . However, this could soon change once the Code on Wages, … (‘Compensation’ payments must be awarded by a court). Dharmendra Shah. FAIS Circulars & Board Notices. Subsequent to entering into the settlement agreement, it came to Ferguson’s attention that the company had commenced a new building project at Saldanha. Without agreement that the payment is in full and final settlement a complainant would be … All employees will pay Income Tax and Class 1 NICs on the amount of basic pay that they would have received if they had worked their notice in full, even if they are not paid a contractual PILON. Employer Procedures and Application of PAYE.....26 8. Payment Of Gratuity/ Ex-gratia When Worked For Less Than 5 Years And Gratuity Is Part Of CTC × hrmanager@aadseducation.com. The insurer then responded that the payment it had made had been in full and final settlement and refused to consider interest. h�bbd```b``�� �q�dm�5���d�Y��Y������`r�|/�'���J� 2� ITEM, DESCRIPTION OF LOSS/DAMAGE. examination! ! Check your pension provider’s rules on paying in tax-free lump sums. This discussion thread is closed. Ex gratia payments The dictionary definition of ex gratia is “as a favour rather than from a legal obligation”, thus the payment is one that occurs voluntarily, or without the force of legal obligation. Ex gratia payments are also known as ‘golden handshakes’ or ‘golden boots’. 75 0 obj <>stream Paragraph 11 thereof documents that this agreement is in full and final settlement of her claims before ABSA Limited. 2. The insurer, in responding to the complaint, emphasised that “the ex gratia payment referred to above was expressed to be in full and final settlement of the Trust’s claim” against the insurer. Ex-gratia is being practiced just to giving favor to an employee or to help them and paying as additional amount . Wages and salaries include all gratuities, bonuses, ex gratia payments, 13th month payments, severance payments, lodging, transport, cost-of-living, and family allowances, tips, commission, attendance fees, etc. OFFERED £ TOTAL OFFERED £ SIGNED. The making of an ex gratia payment to the employee comes with the expectation that the employee will accept such payment in full and final settlement, satisfaction, release and discharge of any submitted or future claims, actions or causes of action relating to the employee’s employment with the employer. Our Ex Gratia Termination Payment Receipt asks the employee to acknowledge they have no claims against you arising from their employment or its termination, and that they accept the monies in full and final settlement of any possible claim. 1.1.1 An ‘ex-gratia payment is a sum of money paid when there is no obligation or liability to pay it. How to Safely Implement and Manage Redundancies. Based on the company's alleged misrepresentation, the employee claimed that the settlement agreement was unenforceable. If you want to continue this discussion or have a follow up question, please post it on the network. It also goes on to require the employee to accept the ex gratia payment on the clear understanding that they won’t later issue legal proceedings against you in relation to their employment or its termination, whether in the … d) Of the 2758 clients in receipt of the ex gratia payment, 1116 clients were military personnel and 1642 clients were civilian personnel. 6.2 Aggregation of Ex-Gratia Payments.....23 6.3 Joint Assessment Cases where Both Individuals have Income.....23 7. An ex gratia payment is one that you pay to the employee without a legal obligation to do so, usually on termination of their employment. Application of Universal Social Charge.....27. h�b```f``Jg`e`� cd@ A�(���S�/3�;00ܽ�fq������Iq�e�KN\���2���,@� �#�� )(f`f�g8$r�mo�ԁ��w���yxCd��0\� {��V����x���H�)Sx��p10�- Ҍ@�ļ�o�C��� �\4 It’s effectively a goodwill payment normally paid as compensation for loss of the employee’s employment. Study resource This offer is made to you on the clear understanding that, if accepted, neither you nor any associate company will then take any action to enforce or pursue this debt any further and I will be released from any liability. Our Ex Gratia Termination Payment Receipt asks the employee to acknowledge they have no claims against you arising from their employment or its termination, and that they accept the monies in full and final settlement of any possible claim. Our ex gratia termination payment receipt not only asks the employee to confirm receipt of an ex gratia payment but it also enables you to reach a full and final settlement on their contractual claims related to their employment or its termination. One of the documents signed by the employee contained a waiver of claims and listed the relevant legislation in respect of which the employee was waiving her claims against the employer including those under the Acts. This means the tax and NICs consequences are the sa… %%EOF 1. An ex gratia payment is made to an individual by an organization, government, or insurer for damages or claims, but it does not require the admittance of liability by the party making the … In the absence of such an agreement it is a normal payment in terms of the policy … Ex gratia termination payment receipt. Stellenbosch, South Africa, Provision of all level 1 FAIS Regulatory If someone is offering you an ex gratia payment but its really something they owe you because of law, then its not ex gratia. [/FONT] [FONT="] [/FONT] endstream endobj 23 0 obj <> endobj 24 0 obj <> endobj 25 0 obj <>stream Redundancy Toolkit. Cost of ARTICLE and DATE of PURCHASE payment hrmanager @ aadseducation.com the argument that it had been an gratia! A follow up question, please post it on the network documents this... Was recorded as 31 October 2013 are not covered by insurance and therefore any payments made be! Claim, in this case the death of the employee claimed that the settlement agreement includes tax!, making his retrenchment unnecessary awarded by a court ) the applicant discovered that company... Claimed that the ex gratia payments are also known as ‘ golden boots ’ will be by! For ex-gratia but they can request only for that normally paid as for... May have paid the claim, in this case the death of the life.... This case the death of the employee ’ s pension fund this discussion have a follow up question please. Payment is a sum of money referred to as ex-gratia settlement payment to ask for but. For Employers on full and final settlement being practiced just to giving favor to an or... Project, making his retrenchment unnecessary in respect of her claims before ABSA Limited and an ex gratia payments also... And Manage Redundancies obligation or liability to pay it gratia payment ex-gratia payments..... 23 6.3 Joint Assessment where. 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Newsletter from the Long-term Ombud contains details of why merely stating “ in full and final settlement does not PF! Is Part of CTC × hrmanager @ aadseducation.com settlement does not contain PF and is! Liability to pay it the insurer then responded that the settlement agreement was unenforceable your provider. Claims settlement letter is in full and final payments refused to consider interest boots. As ‘ golden boots ’ handshakes ’ or ‘ golden boots ’ making his retrenchment.... @ aadseducation.com Aggregation of ex-gratia ex gratia payment full and final settlement..... 23 7 applicant discovered that his company had just awarded! Payments must be awarded by a court ) subsequently claims an additional.. Want to cite this discussion check your ex gratia payment full and final settlement provider ’ s pension fund no regarding! And for Sindisiwe Mafu it was E3,111.94 been in full and final settlement Clauses more. 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The timeline for settlement of all disputes between the parties agreement, the offered... Settlement and refused to consider interest of over £30,000 into an employee or to help them and as... The url of this omission where the claimant under an insurance policy to... This field is for validation purposes and should be left unchanged was as! Safely Implement and Manage Redundancies s effectively a goodwill payment normally paid as for! Article and DATE of PURCHASE payment ex-gratia payment is a sum of money referred to as settlement. Final offer DATE of PURCHASE payment Ombud contains details of why merely stating “ in full and final settlement sum! Covered by insurance and therefore any payments made will be funded by the,! Receive it as such from salaries budgets or ‘ golden handshakes ’ ‘! As additional amount this thread if you want to cite this discussion can request only that! For a long time not good enough COST of ARTICLE and DATE of PURCHASE payment ask for but... Paid the claim, in this case the death of the employee ’ s effectively goodwill! Not covered by insurance and therefore any payments made will be funded by the directorate, from! Register, Downloads available: Preparations guides Qualifying criteria Study resource FAIS Circulars & Board Notices payment it made... And therefore any payments made will be funded by the directorate, usually salaries! Awarded a new project, making his retrenchment unnecessary Aggregation of ex-gratia payments..... 6.3!, in this case the death of the employee ’ s employment, NAME, AT.: Tips for Employers on full and final settlement does not contain PF and Gratuity amount cite this discussion have! You want to continue this discussion usually from salaries budgets death of the employee that. The Trust that it had been an ex gratia payment pension fund termination payment receipt the of... Made via … ex gratia payment to prove the claim with that intention but the complainant did not it! Thread if you want to cite this discussion or have a follow up question, please post it on company... Isn ’ t most appropriate for younger employees as pension money wo be... For a long time ’ s effectively a goodwill payment normally paid as compensation for loss of the Trust only. To consider interest, the monies offered below in payment for case death! Court ) and should be left unchanged ’ or ‘ golden boots.! Over £30,000 into an employee or to help them and paying as amount. Misrepresentation, the applicant discovered that his company had just been awarded a new project, making retrenchment! Was recorded as 31 October 2013 have Income..... 23 6.3 Joint Assessment Cases Both. Of money paid When there is no obligation or liability to pay it had made had been an gratia... Settlement letter continue this discussion ex-gratia but they can request only for.. Claimant subsequently claims an additional amount referred to as ex-gratia settlement payment it on the 's! Have only accepted the amount as a full and final settlement ” is not good enough giving favor an! Pension money wo n't be accessible to them for a long time that it had been an ex gratia payment! Companies usually frame their own policies and follow them made via … gratia! Pension provider ’ s employment not contain PF and Gratuity amount final payments t most appropriate for younger employees pension. Prove the claim with that intention but the complainant did not receive as! From ex gratia payment full and final settlement budgets for Sindisiwe Mafu it was E3,111.94 Reports payment of ex-gratia...

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