Part 48 published on 01/11/14
No settlement of Human Rights claim
The Applicant unit owner alleged that there was a settlement between the parties (in relation to his Human Rights claim), and he sought to enforce the settlement.
The Tribunal held that there was no settlement. The Tribunal said:
Section 45.9(1) (of the Human Rights Code) makes clear that a settlement is binding on the parties if it is agreed to in writing and signed by the parties. Likewise, section 45.9(3) makes clear that an Application for Contravention of Settlement can only be brought where a settlement is agreed to in writing and signed by the parties.
No minutes of settlement were ever agreed to in writing and signed between the parties and therefore the Tribunal has no jurisdiction over the applicant’s Application for Contravention of Settlement.