EPL 2 - Employment Claims Act

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Questions and Answers

What is the basis for the normal measure of damages in wrongful dismissal cases?

The amount the employee would have received under the employment contract if lawfully terminated (correct)

The estimated future income of the employee regardless of the contract

The total salary the employee would earn until retirement

The average market rate for similar positions

Which scenario constitutes constructive dismissal?

An employee voluntarily leaves the position for personal reasons

An employee resigns to take another job opportunity

An employee is denied a promotion but continues working

An employee is forced to resign due to the employer's negative conduct (correct)

What is one reason the Tripartite Alliance for Dispute Management or Employment Claims Tribunal is preferred over court proceedings?

Costs of court proceedings can be higher and the process lengthier (correct)

Parties in court are often encouraged to represent themselves

Court proceedings are generally more casual and less formal

Court proceedings are faster and less expensive

Under the least onerous obligation rule, how are damages generally assessed in wrongful dismissal cases?

Restricted unless other damages can be proven by the employee Signup and view all the answers

In wrongful termination, how are damages assessed with respect to the employer's termination options?

In a manner that is most beneficial to the employer considering the earliest termination option Signup and view all the answers

What defines a summary dismissal?

Termination without notice for a fundamental breach of contract Signup and view all the answers

What is the least onerous obligation rule primarily aimed at establishing?

The least burdensome obligation for the employer in contract termination Signup and view all the answers

What is the maximum timeframe to file a claim under the Employment Claims Act?

1 month after last day of employment Signup and view all the answers

Under which section of the Employment Act can an employee claim for constructive dismissal?

Section 14(2) Signup and view all the answers

What recourse is available if mediation fails in wrongful dismissal cases?

Proceed to the Employment Claims Tribunal or Singapore Courts Signup and view all the answers

What proof is required for an employee to claim wrongful dismissal despite receiving notice?

Evidence of unjust reasons for termination Signup and view all the answers

What does Section 8 of the Employment Act require employers to offer?

Re-employment under specific conditions Signup and view all the answers

Who has the burden of proof in a claim of age-related dismissal?

The employee Signup and view all the answers

In cases of wrongful termination, what can justify the claim despite the employer issuing notice?

Actions or omissions by the employer that are unjust Signup and view all the answers

Which of the following is NOT a condition for re-employment as per Section 8 of the Employment Act?

Availability of a replacement Signup and view all the answers

What is stated in Section 14.2 of the Employment Act regarding wrongful dismissal?

Employees may claim if not dismissed without just cause Signup and view all the answers

What legal protection does an employee have when dismissed without just cause?

They can file a grievance under Section 14.2 of the Employment Act. Signup and view all the answers

Which section specifically prohibits dismissal due to national service liabilities?

Section 22 of the Enlistment Act, 1970. Signup and view all the answers

What is the maximum penalty for an employer dismissing an employee for national service liability?

Both a fine and imprisonment. Signup and view all the answers

Under which sections of the Employment Act are maternity benefits articulated?

Sections 84 and 84A. Signup and view all the answers

At what minimum age are employees protected from age discrimination?

63 years old. Signup and view all the answers

What happens if an employee is dismissed during maternity leave?

It constitutes a criminal offense. Signup and view all the answers

Which section of the Employment Act applies to employer-initiated dismissals due to misconduct?

Section 14.1. Signup and view all the answers

What are employees not entitled to unless specified in their contract?

Retrenchment or redundancy benefits. Signup and view all the answers

What benefits are pregnant employees entitled to if dismissed without just cause?

Full maternity benefits if certified by a doctor. Signup and view all the answers

What can constitute termination for willful breach by either party?

Section 11.2 of the Employment Act. Signup and view all the answers

What is a fundamental characteristic of misconduct in the context of employment law?

It violates the terms of the employment contract. Signup and view all the answers

What key factor is necessary for conducting a due inquiry before an employee's dismissal?

The employee must have the opportunity to respond to the allegations. Signup and view all the answers

Under what condition can an employer suspend an employee during an investigation?

For a maximum of one week without pay, unless extended. Signup and view all the answers

What verdict may arise from failing to conduct a fair due inquiry?

The employer risks a wrongful dismissal claim resulting in damages. Signup and view all the answers

In the context of the Singapore Recreational Club case, what was found regarding the reasons for dismissal?

They did not meet the test for breach of the employment contract. Signup and view all the answers

What circumstances allow employees to terminate their employment without notice according to Section 15 of the Employment Act?

Emergency situations such as danger or violence Signup and view all the answers

Which section of the Employment Act allows summary dismissal for willful breach?

Section 11.2 Signup and view all the answers

What is a requirement for employers before dismissing employees under Section 14.1 of the Employment Act?

Following a due inquiry process Signup and view all the answers

Under which condition is dismissal during maternity leave prohibited?

For employees eligible for maternity benefits Signup and view all the answers

What happens if an employer fails to pay salary according to Section 13?

The employment contract is deemed broken Signup and view all the answers

What is required for summary dismissal to take place without holding a due inquiry?

A fundamental or repudiatory breach Signup and view all the answers

Which principle can make the reason for dismissal irrelevant in summary dismissal cases?

Repudiatory breach Signup and view all the answers

What must an employer justify if they cite a reason for termination?

Proof Signup and view all the answers

What type of termination does common law allow under fundamental or repudiatory breaches?

Summary dismissal without notice Signup and view all the answers

In what situation can an employee be summarily dismissed for misconduct that is unrelated to work?

If there's a significant connection to work Signup and view all the answers

Study Notes

Employment Claims Act

Covers disputes beyond wrongful and constructive dismissal, including anti-harassment legislation
Constructive dismissal occurs when employer's actions force employee resignation, effectively dismissing them.
Tripartite Guidelines offer guidance on wrongful dismissal and termination under the Employment Act.

Wrongful Dismissal Resolution

Disputes can be resolved through mediation with the Tripartite Alliance for Dispute Management or Employment Claims Act claims.
Claims must be filed within one month, or two months in cases of pregnancy-related wrongful dismissal.

Constructive Dismissal

Triggered by employer conduct or omissions forcing employee resignation, as defined in the Employment Act.
Employee may submit claim for wrongful dismissal in the appropriate court.
Claims in court are subject to usual time limits, and may seek damages beyond the Employment Claims Act's quantum limits.

Employment Claims Act Coverage

Covers salary-related employment claims beyond wrongful dismissal and new anti-harassment legislation.

Quantum Limit for Wrongful Dismissal

Limit of 20,000,or20,000, or 20,000,or30,000 with union assistance, under the Employment Claims Act.
The Employment Claims Act is cheaper and faster than court proceedings, with no external solicitors.

Constructive Dismissal Definition

Defined as when an employee is compelled to resign due to employer actions or inactions, but not because the employee chose to resign voluntarily.

Preferred Dispute Resolution

Employment Claims Tribunal or Tripartite Alliance preferable to court procedures, which are more expensive and lengthy.
Parties usually represented by external solicitors in court proceedings.

Wrongful Termination Damages

Entitled to be in the position as if the contract ended lawfully.
Damages assessed based on what the employee would have earned until lawful termination (Doctrine of mitigation).
Damages are restricted by the least onerous obligation rule unless other damages are proven.

Employer's Termination Options

Employer can choose the least onerous termination option.
A contract can be terminated without notice or salary (in lieu of notice) if there is a repudiatory or fundamental breach.

Constructive Dismissal under Employment Act

Constructive dismissal cases are covered in the Employment Act, particularly concerning employer's actions or omissions.
Employee can escalate mediation failures to the Employment Claims Tribunal or Singapore Courts.

Wrongful Termination Claims

Employee must prove termination reasons were unjust, even with notice or compensation.
Employers must offer re-employment in certain cases and must meet criteria of Singaporean status, three years of employment, satisfactory performance, and medical fitness.

Burden of Proof in Age Discrimination

Employee bears the burden to show age was reason for dismissal.
Evidence of age-related comments can be included in the proof.

Dismissal for National Service

Employers cannot dismiss employees solely due to national service liabilities (Enlistment Act, 1970), as this is considered a criminal offense.

Maternity Benefits

Sections 84 and 84A of Employment Act cover employees eligible for maternity benefits.

Retirement Age Protection

Employees are protected from age discrimination before the minimum retirement age of currently 63 years.

Pregnant employees, terminated due to redundancy or reorganization, are entitled to full maternity benefits if certified by a doctor (Employment Act, Section 84.1, 81).

Employee Dismissal for Misconduct

For dismissal due to misconduct, an employer must conduct a proper investigation (due inquiry) before termination.
Misconduct includes fraud, willful disobedience, or negligence.
Failure to execute a due inquiry can result in damages and wrongful dismissal.

Fair Consideration Procedure

Employers should specify reasons for rejection and explore alternate solutions with the employee.
Employers should not discriminate according to race, sex, nationality, or age.
The Fair Consideration Framework guides employers regarding non-job bias attributes.

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Description

This quiz covers the key aspects of the Employment Claims Act, including wrongful and constructive dismissal. It discusses various resolution mechanisms and the significance of the Tripartite Guidelines in managing disputes. Gain insights into the employer-employee dynamics under this important legislation.