Employment Law
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What is constructive dismissal in employment law?

  • An employer forcing an employee to resign through their actions. (correct)
  • A voluntary resignation initiated by the employee.
  • An employee's resignation due to personal reasons unrelated to the workplace.
  • A dismissal that is agreed upon by both the employer and employee.

    • What is the quantum limit for wrongful dismissal claims under the Employment Claims Act without union assistance?

  • $30,000
  • $20,000 (correct)
  • $15,000
  • $25,000

    • What is the timeframe to file a wrongful dismissal claim during pregnancy?

  • One month
  • Two months (correct)
  • Six months
  • Three months

    • Which entity can assist in resolving disputes related to wrongful dismissal?

    <p>The Tripartite Alliance for Dispute Management</p> Signup and view all the answers

    What does the Employment Claims Act extend coverage to beyond wrongful dismissal?

    <p>New anti-harassment legislation</p> Signup and view all the answers

    Where should an employee submit a claim for wrongful dismissal seeking substantial compensation?

    <p>In court</p> Signup and view all the answers

    Why is the Employment Claims Act considered advantageous compared to court proceedings?

    <p>It is cheaper and faster.</p> Signup and view all the answers

    What constitutes wrongful dismissal according to the Tripartite Guidelines?

    <p>Dismissing an employee without just cause.</p> Signup and view all the answers

    What is the timeframe for an employee to file a claim under the Employment Claims Act after their last day of employment?

    <p>1 month</p> Signup and view all the answers

    For which action must an employee prove unjust reasons for termination to claim wrongful dismissal?

    <p>Actions of the employer showed unfairness</p> Signup and view all the answers

    Under the Employment Act, which condition does NOT apply for an employee to be eligible for re-employment?

    <p>Must have served less than three years</p> Signup and view all the answers

    When mediation fails in a wrongful dismissal case, what is the next step an employee can take?

    <p>Go to the Employment Claims Tribunal or Singapore Courts</p> Signup and view all the answers

    Who bears the burden of proof in a claim of old age dismissal?

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

    What must an employee prove if they claim constructive dismissal under the Employment Act?

    <p>The employer took adverse actions or made omissions</p> Signup and view all the answers

    What does Section 14.2 of the Employment Act provide for employees?

    <p>Additional statutory avenue for claims of unfair dismissal</p> Signup and view all the answers

    Which of the following scenarios allows an employee to claim for wrongful dismissal despite the employer issuing notice or compensation?

    <p>The employer used discriminatory practices</p> Signup and view all the answers

    What does Section 22 of the Enlistment Act, 1970 prohibit regarding employment dismissal?

    <p>Dismissing an employee solely due to their national service liabilities</p> Signup and view all the answers

    What criminal consequences can arise from dismissing an employee for national service under Section 22 of the Enlistment Act?

    <p>Punishable by a fine, imprisonment, or both</p> Signup and view all the answers

    Which sections of the Employment Act provide maternity benefits to employees?

    <p>Sections 84 and 84A</p> Signup and view all the answers

    What is required for an employer to recognize a trade union under the Industrial Relations Act?

    <p>A majority mandate through a secret ballot</p> Signup and view all the answers

    What is the minimum retirement age as stated in the relevant employment legislation?

    <p>63 years old</p> Signup and view all the answers

    What happens to pregnant employees who are dismissed without cause according to Section 84.1 of the Employment Act?

    <p>They receive full maternity benefits if certified by a doctor</p> Signup and view all the answers

    When is an employer prohibited from giving notice of dismissal concerning an employee's maternity leave?

    <p>During any part of maternity leave</p> Signup and view all the answers

    Under which condition are employees generally not entitled to retrenchment benefits?

    <p>If specified in their employment contract</p> Signup and view all the answers

    What must any variation, where there is no variation clause, be in order to be valid?

    <p>Consensual</p> Signup and view all the answers

    Which of the following is a factor that does NOT affect the enforceability of restraint of trade covenants?

    <p>Market competition</p> Signup and view all the answers

    Under which section of the Employment Act must employers follow a due inquiry process for dismissing employees?

    <p>Section 14.1</p> Signup and view all the answers

    Which of the following is NOT considered a part of the tripartite system in Singapore's industrial relations?

    <p>Employees</p> Signup and view all the answers

    Which situation results in an employment contract being deemed broken?

    <p>Employee takes leave for more than two days without notice</p> Signup and view all the answers

    What is the main purpose of trade unions according to the content provided?

    <p>To promote good industrial relations</p> Signup and view all the answers

    What is a necessary condition for unilateral variations of major employment terms?

    <p>A variation clause must exist</p> Signup and view all the answers

    Who is eligible to claim compensation under the Work Injury Compensation Act?

    <p>Employees</p> Signup and view all the answers

    Which of the following documents typically contain express terms in an employment contract?

    <p>Offer letters</p> Signup and view all the answers

    What must an officer of a corporate entity demonstrate to avoid guilt under the Workplace Health and Safety Act?

    <p>Due diligence</p> Signup and view all the answers

    How must express terms in employment contracts comply?

    <p>With statutory requirements</p> Signup and view all the answers

    What happens if an employer cites a reason for termination?

    <p>Proof must be provided</p> Signup and view all the answers

    Under common law, what does summary dismissal allow an employer to do?

    <p>Dismiss without notice or salary in lieu</p> Signup and view all the answers

    What is a result of breaching the Workplace Safety and Health Act?

    <p>Criminal offenses with penalties</p> Signup and view all the answers

    What is the purpose of the Work Injury Compensation Act?

    <p>To allow claims for work-related injuries without civil court</p> Signup and view all the answers

    Which of the following best defines the concept of implied incorporation in employment contracts?

    <p>Inclusion of unwritten company policies</p> Signup and view all the answers

    What defines an employee under the Employment Act?

    <p>An individual under a contract of service with an employer</p> Signup and view all the answers

    Which of the following is considered illegal regarding employee terms?

    <p>Having terms below the standards set by the Employment Act</p> Signup and view all the answers

    What term is used to describe the relationship that may exist despite attempts to engage individuals differently?

    <p>De facto employment relationship</p> Signup and view all the answers

    Which parties constitute the Tripartite Partners in Singapore?

    <p>Ministry of Manpower, National Trades Union Congress, and Singapore National Employers Federation</p> Signup and view all the answers

    Which of the following statements about foreign employees in Singapore is incorrect?

    <p>Foreign employees do not need any legal permissions to work</p> Signup and view all the answers

    Part 4 of the Employment Act protects which of the following?

    <p>Rest days and overtime pay</p> Signup and view all the answers

    What constitutes a criminal offense under the Employment Act?

    <p>Non-compliance with the Employment Act and other laws</p> Signup and view all the answers

    Which category of employment is NOT recognized under the Employment Act?

    <p>Volunteer</p> Signup and view all the answers

    Study Notes

    Employment Claims Act

    • Encompasses disputes beyond wrongful and constructive dismissal, including anti-harassment legislation
    • Constructive dismissal occurs when an employer's actions force an employee to resign, effectively dismissing them
    • Tripartite Guidelines offer guidance on wrongful dismissal and Employment Act terminations
    • Wrongful dismissals can be resolved through mediation or Employment Claims Act claims
    • Wrongful dismissal claims must be filed within one month (two months for alleged pregnancy-related wrongful dismissal)
    • Constructive dismissal is triggered by employer conduct forcing resignation, as defined in the Employment Act
    • Employee submits wrongful dismissal claims in court
    • Employment Claims Act covers salary-related employment claims beyond wrongful dismissal.

    Wrongful Dismissal Claims

    • Quantum limit for wrongful dismissal claims under the Employment Claims Act is up to 20,000,20,000, 20,000,30,000 if assisted by a union.
    • Employment Claims Act is cheaper and faster than court proceedings.
    • Damages in wrongful dismissal cases are assessed to place the employee as if the contract had ended lawfully following the least onerous obligation rule.

    Constructive Dismissal

    • Constructive dismissal occurs when an employee is forced to resign due to employer actions but not voluntarily
    • Court process for constructive dismissal is more expensive than other dispute resolution options.

    Damages Assessment

    • Damages are assessed based on the employee's position if the contract had ended lawfully.
    • Mitigation of losses is crucial
    • Damages are assessed based on least onerous obligation.

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    Description

    This quiz covers the key points of the Employment Claims Act, including aspects of wrongful dismissal and constructive dismissal as well as the procedures for filing claims. Understand the guidelines, limits, and the importance of timely filing for claims related to employment disputes. Test your knowledge on employee rights and employer obligations.

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