The court was satisfied that the terms of the settlement agreement were complete, secure and binding: this was supported by the fact that the agreement gave clear consideration (i.e. Law`s obligation to pay S$1.4 million to Alphire on the agreed terms in exchange for settling the judgment`s debt). The court also noted that there was an intention between the parties to establish legal relationships between them, on the grounds that the WhatsApp text message was worded in legalistic terms and clearly reflected a counterparty negotiated between Law and the investors. If your claim exceeds the maximum amount, you must waive the excess amount in order to enter into a settlement agreement under the Employment Claims Act or to be able to negotiate your case before the ECT. A registered settlement agreement is valid for 3 years from the date of its registration. If a settlement agreement is not registered with the District Court, a party must first bring a civil action and obtain a court order in its favor before enforcement action can be taken against the defaulting party. One of the investors recorded the terms of the settlement agreement in a WhatsApp text message sent to Law. The message contained the following text: “We agree that if [the law] begins on June 1, 2019 S$ (received on June 2, 2019). February 2019) plus S$400,000 in 4 instalments (sic) of S$100,000 each (with cheques issued in advance) and provides all necessary information and contact details regarding debtors who owe Alphire and transfer his shares in the company to Alicia free of charge and confirms that he has no claim against Alphire and that we will accept the settlement and withdraw our bankruptcy filing. This settlement agreement is a legally binding agreement that contains conditions that both parties must abide by in order to resolve existing or potential disputes in a friendly and peaceful manner. An employment contract can also be terminated by an agreement, such as. B a separation or settlement agreement between the employer and the employee that would normally contain unilateral or reciprocal exemption and redress provisions.

The validity of such agreements is subject to the provisions of the Labour Code and the general principles of the common law. 1) Mediators must confirm the references of the parties representing the companies in mediation. In this case, Law was fortunate that the law was in his favor because he negotiated and finalized his settlement agreement with investors so heavily involved in Alphire that they were legally deemed to have implicitly had the real power to bind the company to a settlement agreement, even if they were not corporate directors. Mediators should give priority to relationships with company executives or relevant employees and executives who have proxy letters signed on company letterhead. Some mediators also have the practice of including clauses in the mediation agreement (also known as a mediation agreement) that the parties guarantee they have the power to settle. While such a clause cannot prevent unauthorized representatives from participating in mediation, it will certainly minimize the risk of this happening. The lack of authority or capacity to settle on behalf of a legal person would certainly be one of the grounds for refusing to enforce settlement agreements, including those resulting from mediation – and this was recognised in Article 5(1) of the Singapore Mediation Convention. Although the Convention has not been relevant in this case, it is an indicator of international approaches to the application of AMM in the international environment. 3) Settlement agreements may be entered into and recorded through text messages and other time-stamped online media or communication devices. In this regard, the Court implicitly recognised the increasing use of online negotiation and mediation and the growing field of online dispute resolution. Interestingly, and this reflects the international evolution of mediation, the Singapore Convention on Mediation also recognizes the trend of operating systems.

It expressly provides that MSAs may be closed using online technology: see Section 2 on the definition of “writing” and Section 4(2) with respect to proof of AMM. Consent or refusal to register the settlement agreement. You must follow these steps to register the settlement agreement. If your mediation is successful with the Tripartite Alliance for Dispute Management, you can register a settlement agreement. Find out what steps to take. Apart from these tripartite guidelines, which are currently not legally binding, there are no other rules requiring the granting of reduction benefits. While Part IV of the Labour Code provides that an employee covered by this part is not entitled to reduction indemnities unless he has worked continuously with an employer for two years or more, he is not automatically entitled to a reduction indemnity or severance pay if there is no express contractual provision or collective agreement. 2) Clear wording of the conditions is crucial for an enforceable MSA. For example, if money has agreed to be paid, the payment date (or clearly defined instalment payment dates) should be explicitly stated in the settlement agreement.

After submitting a request for mediation to the Tripartite Alliance for Dispute Management (TADM), you and the other party will undergo mediation. Mediation at the TADM is considered successful if both parties draft and sign a settlement agreement in the presence of a certified TADM mediator. With the exception of work support payments, which are payable under the Pensions and Re-Employment Act to workers aged 62 and over who are dismissed and not reinstated, severance or severance pay is not required by law in Singapore. .