EMPLOYMENT CLAIMS
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- been a judgment given in the District Court and entered on the date of the registration;
- (b) proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the District Court; and
- (c) 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 such period as may be 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—
- (a) set aside the registration of the settlement agreement; and
- (b) do either or both of the following:
- (i) set aside the settlement agreement;
- (ii) 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:
- (a) the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;
- (b) the settlement agreement includes subject matter that does not relate to a specified employment dispute;
- (c) any term of the settlement agreement is not capable of enforcement as an order made by a District Court;
