Singapore legislation
Section 7
Section 7
Settlement of specified employment dispute
(1)
Where a specified employment dispute is settled at a mediation under this Part, or at a tripartite mediation conducted by an approved mediator —
the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 33;
the total amount payable to a party under the settlement agreement, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to that party;
the total amount payable to a party under the settlement agreement, in respect of every wrongful dismissal dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to that party; and
the settlement agreement must be signed by or on behalf of each party.
(2)
A District Court may register a settlement agreement on the application of any party to the settlement agreement, but may refuse to register if the application is not made within the period prescribed by Rules of Court made under section 33 for this purpose.
(3)
Where the settlement agreement is registered in a District Court —
the settlement agreement is, for the purposes of execution, of the same force and effect as if the settlement agreement had been a judgment given in the District Court and entered on the date of the registration;
proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the District Court; and
any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.
(4)
Where a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 33, apply to a District Court to set aside the registration of the settlement agreement.
(5)
A District Court hearing an application under subsection (4) may, if any condition in subsection (6) is satisfied —
set aside the registration of the settlement agreement; and
do either or both of the following:
set aside the settlement agreement;
refer any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part (if the settlement agreement arose from a mediation under this Part) or for tripartite mediation to be conducted by an approved mediator (if the settlement agreement arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties to the settlement agreement.
(6)
For the purposes of subsection (5), the conditions are as follows:
the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;
the settlement agreement includes subject matter that does not relate to a specified employment dispute;
any term of the settlement agreement is not capable of enforcement as an order made by a District Court;
the registration of the settlement agreement is contrary to public policy.
(7)
Where a District Court sets aside under subsection (5)(b)(i) a settlement agreement, and refers under subsection (5)(b)(ii) any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part, the following apply:
the approved mediator must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute referred by the District Court, if —
the respondent is given reasonable notice of, but does not attend, the mediation;
no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes referred by the District Court; or
the approved mediator is satisfied that there is no reasonable prospect of settling through mediation one or more of the specified employment disputes referred by the District Court;
despite paragraph (a), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —
discontinue the mediation; and
refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes referred by the District Court.
(8)
In subsection (7), a specified employment dispute is unresolved if the dispute is not settled and is not withdrawn by the claimant.
(9)
To avoid doubt, where a District Court sets aside under subsection (5)(b)(i) a settlement agreement, and refers under subsection (5)(b)(ii) any specified employment dispute purportedly resolved by the settlement agreement for tripartite mediation to be conducted by an approved mediator, section 30H(3) to (9) of the Industrial Relations Act 1960 applies to that dispute as it applies to a dispute of which the Commissioner is notified under section 30H(2) of that Act.