Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Singapore - 2013
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- The Employment Act (Cap. 91) [EA] of 8 June 1968, as last amended by Act No. 12 of 2013 of 8 April 2013, effective since May 1st, 2013
Date: 08 Apr 2013 (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: Yes
- Sec. 14 (4) EA: If the Minister of Manpower considers the dismissal to be unfair, he may:
1) order reinstatement and payment of wages the employee would have earned had he or she not been dismissed, or in lieu if reinstatement
2) direct the employer to pay such amount of compensation as freely determined by the Minister.
Reinstatement available: Yes
- Sec. 14 (4) a) EA: If after consideration of the Labour Commissioner's inquiry, the Minister of Labour is satisfied that the employee has been dismissed (on the grounds of misconduct) without "just cause or excuse", he may order reinstatement.
Preliminary mandatory conciliation: No
- No statutory provision in the legislation reviewed.
Competent court(s) / tribunal(s): administrative body
- An employee who considers that he or she has been summarily dismissed on the grounds of misconduct without just cause or excuse may, within one month of the dismissal and in writing, seek reinstatement (and/or compensation) from the Minister of Manpower (sec. 14 (2) EA. The decision of the Minister is final and cannot be challenged in any court (sec. 14(5), EA).
Existing arbitration: No
Notes / Remarks
Claims of unfair dismissal (without just cause) dealt with in this section are only available to the employee in the event of a summary dismissal dismissal (for misconduct).
In the event of any termination of the contract by the employer, the employee has the right to sue in the civil courts for breach of contract at common law.