As regards the unilateral error argument, the General Court rejected it, stating that „a unilateral error affects the validity of an agreement only if it is a substantial duration of the contract“. Since the Tribunal had already found that Mr. Wilson`s compliance or non-compliance with the non-competition was not relevant to his right to the agreed payments, the unilateral error argument also failed. If you have any questions or need advice on how to establish a correct settlement agreement, please do not hesitate to contact one of the members of our Labour & Employment group. In Barrie Police Services Board v. Barrie Police Association, the employer and the union filed a complaint regarding the removal of a police officer from the criminal police. The terms of the transaction included an obligation for the employer to pay 28 months` salary to the employer. The settlement agreement also contained a clear statement clarified that the terms of the agreement were confidential and without prejudice. Despite this clause, the Grievor announced the terms of the transaction in an email sent to members of the Barrie Police Service to be elected president of the association. In the arbitration proceedings, Arbitrator Marcotte rejected Grievors` argument that it was not a signatory to the settlement agreement and was therefore not bound by the obligation of confidentiality.
He found that the association, as the exclusive negotiator for its members, had the power to retain the Grievor, although the Grievor did not sign the agreement itself. .