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?

<p>Restricted unless other damages can be proven by the employee (C)</p> Signup and view all the answers

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

<p>In a manner that is most beneficial to the employer considering the earliest termination option (B)</p> Signup and view all the answers

What defines a summary dismissal?

<p>Termination without notice for a fundamental breach of contract (C)</p> Signup and view all the answers

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

<p>The least burdensome obligation for the employer in contract termination (B)</p> Signup and view all the answers

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

<p>1 month after last day of employment (B)</p> Signup and view all the answers

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

<p>Section 14(2) (C)</p> Signup and view all the answers

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

<p>Proceed to the Employment Claims Tribunal or Singapore Courts (C)</p> Signup and view all the answers

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

<p>Evidence of unjust reasons for termination (B)</p> Signup and view all the answers

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

<p>Re-employment under specific conditions (B)</p> Signup and view all the answers

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

<p>The employee (D)</p> Signup and view all the answers

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

<p>Actions or omissions by the employer that are unjust (C)</p> 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?

<p>Availability of a replacement (B)</p> Signup and view all the answers

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

<p>Employees may claim if not dismissed without just cause (A)</p> Signup and view all the answers

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

<p>They can file a grievance under Section 14.2 of the Employment Act. (B)</p> Signup and view all the answers

Which section specifically prohibits dismissal due to national service liabilities?

<p>Section 22 of the Enlistment Act, 1970. (B)</p> Signup and view all the answers

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

<p>Both a fine and imprisonment. (D)</p> Signup and view all the answers

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

<p>Sections 84 and 84A. (D)</p> Signup and view all the answers

At what minimum age are employees protected from age discrimination?

<p>63 years old. (D)</p> Signup and view all the answers

What happens if an employee is dismissed during maternity leave?

<p>It constitutes a criminal offense. (B)</p> Signup and view all the answers

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

<p>Section 14.1. (C)</p> Signup and view all the answers

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

<p>Retrenchment or redundancy benefits. (B)</p> Signup and view all the answers

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

<p>Full maternity benefits if certified by a doctor. (B)</p> Signup and view all the answers

What can constitute termination for willful breach by either party?

<p>Section 11.2 of the Employment Act. (C)</p> Signup and view all the answers

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

<p>It violates the terms of the employment contract. (D)</p> Signup and view all the answers

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

<p>The employee must have the opportunity to respond to the allegations. (C)</p> Signup and view all the answers

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

<p>For a maximum of one week without pay, unless extended. (B)</p> Signup and view all the answers

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

<p>The employer risks a wrongful dismissal claim resulting in damages. (B)</p> Signup and view all the answers

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

<p>They did not meet the test for breach of the employment contract. (C)</p> Signup and view all the answers

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

<p>Emergency situations such as danger or violence (A)</p> Signup and view all the answers

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

<p>Section 11.2 (A)</p> Signup and view all the answers

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

<p>Following a due inquiry process (B)</p> Signup and view all the answers

Under which condition is dismissal during maternity leave prohibited?

<p>For employees eligible for maternity benefits (B)</p> Signup and view all the answers

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

<p>The employment contract is deemed broken (B)</p> Signup and view all the answers

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

<p>A fundamental or repudiatory breach (C)</p> Signup and view all the answers

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

<p>Repudiatory breach (B)</p> Signup and view all the answers

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

<p>Proof (A)</p> Signup and view all the answers

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

<p>Summary dismissal without notice (C)</p> Signup and view all the answers

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

<p>If there's a significant connection to work (D)</p> Signup and view all the answers

Flashcards

Constructive Dismissal

When an employee resigns due to the employer's actions or inactions, but not voluntarily.

Wrongful Dismissal Damages

The employee's lost income until the contract could've been lawfully terminated, following the 'minimum obligation' rule or 'least onerous obligation' rule.

Tripartite Alliance/Employment Claims Tribunal

Faster and cheaper ways to resolve employment disputes than court.

Summ Dismissal

Termination without notice or payment in lieu of notice for serious breaches (fundamental breach or repudiation).

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Damages Calculation (Wrongful Dismissal)

Calculated based on the employee's position if the employment contract ended legally; subject to the mitigation doctrine.

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Mitigation Doctrine

Employees have a duty to take reasonable action to reduce their losses after a wrongful dismissal.

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Least Onerous Obligation Rule

The employer has the right to choose the least burdensome way to terminate the contract legally.

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Employment Claims Act filing time

Claims must be filed within one month of employment end (unless pregnancy-related dismissal).

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Wrongful Dismissal Claim

Employee can sue if termination reasons were unfair, even with notice or compensation.

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Employment Act s14.2

Provides a statutory recourse for claims of dismissal without just cause.

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Burden of Proof (Age Dismissal)

The employee must show age discrimination as the reason for the termination.

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Employment Act s8

Employers must offer re-employment to Singaporean nationals, with conditions like time employed and medical fitness.

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ECA Claim Timeframe

Claims should be filed within one month of the employee's last day of work. Exceptions apply for pregnancy-related dismissals.

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Mediation Failure

If mediation in a wrongful dismissal case fails, employees can take the case to the Employment Claims Tribunal or file legal action in Singapore Courts.

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Essential elements of a wrongful dismissal

Employee must demonstrate that the reasons for termination are unjust or unreasonable, even if contractual notice or compensation is provided by employers.

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Dismissal due to National Service

Employers cannot dismiss employees solely for their national service obligations.

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Section 22 of the Enlistment Act, 1970

This section prohibits dismissal based on national service liability. Violation is a criminal offense.

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Maternity Benefits

Sections 84 and 84A of the Employment Act cover benefits for pregnant employees.

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Minimum Retirement Age

The current minimum retirement age is 63 years old.

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Dismissal during Maternity Leave

Employers are legally banned from giving notice or terminating an employee while on maternity leave, even for misconduct.

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Retrenchment/Redundancy Benefits

Employees are generally not eligible unless specifically stated in a contract or employer policy.

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Section 14.1 Dismissal

Covers employer-initiated dismissals due to misconduct, following due procedure.

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Section 11.2 Termination

Covers termination for willful breach of contract by either party.

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Employment Act Section 84.1

Specifies that pregnant employees dismissed without just cause are eligible for full maternity benefits.

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Section 84A Employment Act

Covers pregnant employees who are terminated for redundancy or reorganization.

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Repudiatory Breach

A breach of contract so serious that it gives the innocent party the right to end the contract immediately.

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Due Inquiry

A formal investigation by an employer before dismissing an employee, ensuring fairness and natural justice.

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Fairness in Due Inquiry

Involves informing the employee of allegations, providing a chance to respond, and conducting the inquiry without bias.

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Misconduct vs. Poor Performance

Misconduct is a serious breach of the employment contract (like fraud or negligence) while poor performance is not a breach.

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Wrongful Dismissal

Dismissing an employee without a valid legal reason or without following proper procedures.

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Willful Material Breach

A deliberate and significant violation of the employment contract that allows for immediate dismissal.

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Notice Period

The time an employee or employer is required to give before ending employment.

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Payment in lieu of notice

Paying an employee a sum of money instead of requiring them to work through a notice period.

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Emergency Termination

Employees can end employment without notice in dire situations (e.g., imminent danger or sickness).

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Maternity Leave Protection

Legal protection against dismissal during maternity leave.

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Due Inquiry Process

Required protocol for employer to follow before dismissing an employee.

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Severance Pay

No statutory entitlement in Singapore for retrenchment.

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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.

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