Page:Employment Claims Act 2016.pdf/17

18 :(d) the registration of the settlement agreement is contrary to public policy.

(7) Where a District Court sets aside under subsection (5)(b)(i) a settlement agreement, and refers under subsection (5)(b)(ii) any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part, the following apply:
 * (a) the approved mediator must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute referred by the District Court, if—
 * (i) the respondent is given reasonable notice of, but does not attend, the mediation;
 * (ii) no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes referred by the District Court; or
 * (iii) the approved mediator is satisfied that there is no reasonable prospect of settling through mediation one or more of the specified employment disputes referred by the District Court;
 * (b) despite paragraph (a), if the claimant fails without reasonable excuse to attend any mediation session, the approved mediator may—
 * (i) discontinue the mediation; and
 * (ii) refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes referred by the District Court.

(8) In subsection (7), a specified employment dispute is unresolved if the dispute is not settled and is not withdrawn by the claimant.

(9) To avoid doubt, where a District Court sets aside under subsection (5)(b)(i) a settlement agreement, and refers under subsection (5)(b)(ii) any specified employment dispute purportedly resolved by the settlement agreement for tripartite mediation to be conducted by an approved mediator, section 30H(3) to (9) of the Industrial Relations Act (Cap. 136) applies to that dispute as it applies