Singapore Employment Settlement Agreement

In addition to the usual means of dispute resolution (e.g. B through litigation or arbitration), there are also mediation services from the Tripartite Alliance for Dispute Management (“TADM”) or conciliation services from MOM for labour disputes. The Tribunal was satisfied that the terms of the settlement agreement were complete, secure and binding: this was supported by the fact that there were clear considerations (i.e. Law`s commitment to pay $1.4 million to Alphire on agreed terms, in exchange for payment of the judgment debt) set out in the agreement. The court also found that the parties intended to create legal relationships between them, given that the whatsApp message was legalistic and clearly reflected a negotiated consideration between Law and the investors. After filing a request for mediation with the Tripartite Alliance for Dispute Management (TADM), you and the other party will be subject to mediation at TADM. If mediation is successful, both write and sign a settlement agreement in the presence of a licensed mediator. The transaction agreement is a legally binding contract between you and the other party. It is an agreement for the amicable settlement of existing or potential disputes between you and contains conditions that you must comply with. If your claim exceeds the maximum amount, you must waive the excess amount in order to enter into a settlement agreement under the Employment Act or to hear your case before the ECT. Employees can contact TADM if they have a dispute that does not fall within the scope of labour law.

Second, the Court examined the context in which the settlement agreement was concluded. It was repeated: “For there to be a valid settlement agreement, there must be `an identifiable agreement that is complete and secure, consideration and the intention to create legal relationships` (Gay Choon Ing v Loh Sze Ti Terence Peter and another appeal [2009] 2 SLR (R) 332 . [46] »; The fact that the transaction agreement was saved on a WhatsApp text message with timestamp was an important consideration; The court found that the agreement contained in the text message was entirely and not contradicted with the results of the negotiations conducted in the lobby of the hotel between the parties. The court also considered some post-contractual evidence: Alphire`s lawyers had admitted, in an exchange of letters with Law`s lawyers on February 15, 2019, that on February 2 A full and final agreement was reached between the parties on February 22, 2019. One of the investors retained the terms of the transaction agreement in a WhatsApp text message sent to Law. The message contained the following text: “We agree, that if, as of June 1, 2019, $1 million (received on February 2, 2019) plus $400,000 in 4 payments (sic) of $100,000 each (with checks issued in advance) and provides all the necessary information and contact information to debtors who owe sums from Alphire, and transfers his shares in the company to Alicia free of charge and confirms that he has no claims against Alphire we will accept the transaction and withdraw our insolvency application. 1) Mediators must confirm the references of the parties representing companies during a mediation. In this case, Law was fortunate that the law was in his favor because he negotiated and entered into his transaction agreement with investors so involved in Alphire that they were legally considered an implied power to engage him in a settlement agreement when they were not company directors. . . .