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Can a Trade Union Representative Sign a Settlement Agreement

When it comes to settling disputes between employers and employees, settlement agreements are a common tool used to reach a resolution. In some cases, the question may arise as to whether a trade union representative can sign a settlement agreement on behalf of an employee.

The short answer is yes, trade union representatives can sign settlement agreements on behalf of employees. However, there are certain criteria that must be met before this can happen.

Firstly, the trade union representative must have the authority to sign the settlement agreement. This means that they must be authorized to act on behalf of the employee in question. This can be through an express agreement or through the union`s constitution.

Secondly, the trade union representative must have received proper legal advice on behalf of the employee. This advice should cover the terms of the settlement agreement and their implications for the employee.

Finally, the employee must have given their written consent for the trade union representative to sign the settlement agreement on their behalf. This ensures that the employee is fully aware of the terms of the agreement and has agreed to them.

It is important to note that settlement agreements are legally binding documents, and the terms agreed upon can have significant consequences for the employee in question. As such, it is crucial that employees seek legal advice before entering into any settlement agreement.

In summary, trade union representatives can sign settlement agreements on behalf of employees, but only if they have the proper authority, have received legal advice on behalf of the employee, and have obtained the employee`s written consent. As always, it is important to seek legal advice in any dispute resolution situation to ensure that your rights are protected.