SINGAPORE Law and Practice Contributed by: Kelvin Tan, Benjamin Gaw and Lim Chong Kin, Drew & Napier LLC
which will come into effect at the same time as the WFA. Discrimination in Dismissal and Retrenchment The dismissal or retrenchment of an employee because of discrimination on the basis of that employee’s age, race, gender, religion, marital status and fam - ily responsibilities, or disability is wrongful (Tripartite Guidelines on Wrongful Dismissal; Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment). Employers who have wrongfully dismissed employees on discriminatory grounds may be made to compen - sate the employees beyond their salaries payable in lieu of notice. Furthermore, the MOM may also take action against employers found to follow discrimina - tory practices by curtailing work pass privileges for such employers. Most court proceedings in respect of civil disputes (including employment disputes) are now conducted via videoconferencing. Certain hearings, such as those involving the examination of witnesses, how - ever, continue to be conducted in person. In some cases, parties may seek permission for witnesses who are situated abroad to give evidence via video confer - ence. Mediation Mediation conducted by the Tripartite Alliance for Dis - pute Management (TADM), which is a prerequisite for a party to bring a claim to the Employment Claims Tri - bunal (see 9.1 Litigation ), is mainly conducted online via the TADM online dispute resolution (ODR) system, or by email or phone. The process involves each party exchanging correspondence or responses via email or the ODR system, with the mediator facilitating the exchange and, where necessary, with the mediator having private discussions with the parties separately. Mediation before a private mediation provider such as the Singapore Mediation Centre may also be con - ducted virtually, in-person, or in a hybrid manner, depending on the parties’ agreement. Flexibility in the conduct of the mediation can make it easier for par - 8.3 Digitalisation Court Proceedings
ties with representatives that are located in different countries to participate in the mediation.
9. Dispute Resolution 9.1 Litigation Employment Claims Tribunal
The Employment Claims Tribunal provides an alter - native, low-cost forum for employees and employers to resolve salary-related claims or wrongful dismissal disputes. For a claim to be heard in the Employment Claims Tribunal, the following preconditions must be satisfied: • if the claimant is an employee, the claim must either be a specified statutory or contractual sala - ry-related dispute or a wrongful dismissal dispute; • the claim cannot exceed the prescribed claim limit of SGD20,000 unless it involves a union (recog - nised under the Industrial Relations Act 1960), in which case, the limit is SGD30,000; • a mediation request must first be lodged with the TADM, the claim must have failed to be resolved through mediation, and a claim referral must have been issued by the mediator; • if the claimant is an employer, the claim must relate to a salary in lieu of notice of termination dispute; and • the claimant is claiming against a party who is residing, or has a registered office or place of busi - ness, in Singapore. However, certain employees, namely, seafarers, domestic workers and public officers are not allowed to bring claims before the Employment Claims Tribu - nal and employers are similarly not allowed to bring claims against such employees before the Employ - ment Claims Tribunal. All proceedings before the Employment Claims Tribu - nal are conducted in private. The parties must act in person and cannot be represented by lawyers. Litigation Parties may choose to bring their employment dis - putes before the Singapore courts. Claims not exceed - ing SGD60,000 are filed in the magistrate’s court,
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