Put all matters in the settlement agreement…

In a recent case following a personal grievance the importance of the words in the settlement agreement were stressed. 

In that case a mediated settlement included a statement from the parties as to the outcome, including that the employee resigned (rather than a dismissal).

The employee claimed that there was an agreement (not recorded in the settlement) that the employer would release the statement.  This was denied by the employer. 

The Employment Relations Authority has ruled that there was no agreement to release the statement, and even if there had been, it could not be enforced as it was not in the record of settlement.

Ensure you get all terms in the record of settlement and don’t rely on stated intentions.  If it is not in the mediated written agreement it cannot be enforced if breached.

 

Alan Knowsley