The applicant filed a Contravention of Settlement Application alleging the respondents breached a settlement agreement by failing to pay him for weekends and Labour Day during a paid leave of absence.
The respondents argued the application was filed outside the six-month limitation period and that there was no breach.
The Tribunal found the applicant's delay in filing was incurred in good faith due to a debilitating medical condition.
However, the Tribunal dismissed the application on the merits, finding that under the teachers' collective agreement and the Education Act, the applicant was only entitled to be paid for school days, which exclude weekends and statutory holidays.
As the applicant was paid for the 11 school days during the leave period, there was no breach of the settlement.