The respondent moved to dismiss a complaint alleging breach of a settlement agreement under section 43 of the Human Rights Code.
The respondent argued the Board of Inquiry lacked jurisdiction because the settlement had never been approved by the Commission, a necessary precondition under section 43.
The adjudicator found that 'approval by the Commission' requires approval by the Commissioners themselves, not merely administrative approval by staff.
Because the settlement was only administratively closed and never approved by the Commissioners, it was not enforceable under section 43.
The motion to dismiss the complaint was granted.
