A person who does not agree with the registration of a settlement agreement may apply to set aside the registration. For the purposes of the proceedings, the person making the application will be known as the Applicant and the other party will be known as the Respondent.


 

Step 1

Consider if there are sufficient reasons to apply to set aside the registration of the settlement agreement, and gather the necessary evidence to support the case.

 

The District Court hearing the application may only set aside the registration of a settlement agreement if any of the following conditions is satisfied:

 

  • The settlement 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

 

Step 2

File an Application to Set Aside Registration of Settlement Agreement , at the Employment Claims Registry, located at the Community Justice and Tribunals Division at Level 1 of the State Courts building, 1 Havelock Square, Singapore 059724.

 

The application must be filed within 7 working days after the receipt of the Notice of Registration by the party.

 

E.g. If the Notice of Registration is received on 3 April 2017, the last day an Applicant must file the Application is on 12 April 2017. If the last day of the period is a Saturday, Sunday or Public Holiday, the Application may be filed on the next working day. 

 

Things to bring:

  • Personal identification documents
    • (for Singapore citizen or Permanent Resident) ­– NRIC
    • (for foreign citizen) ­– Passport and Employment Pass
    • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) original sets of the Application
  • Filing fee (S$30)
Step 3

When the Application is filed, a Notice of Hearing will be issued to the Applicant and the Respondent to attend a Hearing at the District Court on a specified date and time.

Step 4

The Applicant must serve one (1) copy of the Application on the Respondent within 7 working days after he has filed the Application.

 

E.g. If the Application is filed on 3 July 2017, the last day an Applicant must serve the Application on the Respondent is on 12 July 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Application may be served on the next working day.

 

The Application may be served by:

 

Hand
  • (For individuals) Delivering the documents to the other party at his last known place of residence
  • (For non-individuals, e.g., companies) Delivering the documents to any director, manager or officer of the other party at its registered office, or principal place of business
Registered post
  • (For individuals) Sending the documents by registered post to the other party's last known place of residence or business in an envelope addressed to the person
  • (For non-individuals, e.g., companies) Sending the documents by registered post to the other party's registered office or principal place of business
Others
  • By any means (including by facsimile transmission or electronic mail) as directed by the ECT

 

Step 5

The Applicant and the Respondent must attend the Hearing at the District Court on the specified date and time.

 

At the hearing, the District Court may:

 

  1. uphold the registration of the Settlement Agreement
  2. set aside the registration of the Settlement Agreement
  3. set aside the registration of the Settlement Agreement and refer any dispute that was purportedly resolved by the Settlement Agreement for mediation under Part 2 of the Employment Claims Act or for Tripartite Mediation
  4. refer any dispute that was purportedly resolved by the Settlement Agreement for mediation under Part 2 of the Employment Claims Act or for Tripartite Mediation

 

An order made by the District Court will be prepared after the Hearing and a copy given to the Applicant and Respondent.


 

Last updated on: 5/4/2017 6:05 PM

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