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The next provision is taking into account the views of all the parties and, because the victim of any illegal conduct might not actually be a party to the agreement, the views of any such victim. Finally, we need to retain the discretion of a court or tribunal to decide whether to restore any funds that were given in consideration for the agreement, and if so, how much. That may seem odd, but the reason is that it is perfectly possible that an employer, in good faith, sacked one employee who committed an illegal act or harassment, or perpetrated a wrong against another employee, but the victim wanted to leave anyway and wanted a non-disclosure agreement. There are times, even when there has been bad behaviour or illegal conduct, when a good employer might in good faith compensate the victim and sack the perpetrator. Therefore, the agreement could actually be a positive thing.