EPL Lec 2 PDF

#separator:tab #html:false The {{c1::Employment Claims Act}} may encompass disputes beyond wrongful and constructive dismissal, including cases related to {{c2::anti-harassment legislation}}. {{c1::Constructive dismissal}} in employment law happens when an employer's actions force an employee to re...

#separator:tab #html:false The {{c1::Employment Claims Act}} may encompass disputes beyond wrongful and constructive dismissal, including cases related to {{c2::anti-harassment legislation}}. {{c1::Constructive dismissal}} in employment law happens when an employer's actions force an employee to resign, resulting in the employer being seen as having {{c2::dismissed}} the employee. What do the Tripartite Guidelines state on wrongful dismissal? The Tripartite Guidelines on Wrongful Dismissal provide guidance on {{c1::what constitutes wrongful dismissal}} and offers clarity on {{c2::termination under the Employment Act}}. What is the process to resolve wrongful dismissal? Disputes related to {{c1::wrongful dismissal}} can be resolved through {{c2::mediation}} with the Tripartite Alliance for Dispute Management or by filing claims under the {{c2::Employment Claims Act}}. Wha is the timeframe to file a wrongful dismissal claim? A wrongful dismissal claim must be filed within {{c1::one month}}, except in cases of alleged wrongful dismissal during pregnancy, where it is {{c2::two months}}. What is constructive dismissal? A {{c1::constructive dismissal}} is triggered by the employer's conduct or omissions that force an employee to resign, as defined in the Employment Act. Where should the employee submit claim for wrongful dismissal? Due to the quantum limits of a wrongful dismissal claim under the Employment Act and Employment Claims Act, an employee who is seeking substantial compensation may {{c1::simply bring in action in court}}. Such claims in court will be subject to the {{c1::usual limitations periods}} and an employee will be able to seek damages beyond the quantum limits prescribed by the Employment Claims Act in the {{c1::appropriate court}}. What does the Employment Claims Act cover? The {{c1::Employment Claims Act}} covers disputes related to new anti-harassment legislation and extends to {{c2::salary-related employment claims}} beyond wrongful dismissal. What is the quantum limit for wrongful dismissal? The quantum limit for {{c1::wrongful dismissal claims}} under the Employment Claims Act is up to ${{c1::20,000}}, or ${{c2::30,000}} if the employee is assisted by {{c2::a union}}. The {{c1::Employment Claims Act}} is advantageous compared to court proceedings because it is {{c2::cheaper and faster}}, and parties are not represented by external solicitors before dispute management bodies. The normal measure of damages in wrongful dismissal cases is the amount the employee would have received under the employment contract if lawfully terminated, following the {{c1::minimum obligation}} rule. What is constructive dismissal? Constructive dismissal is defined as when an employee is compelled to resign due to {{c1::employer's actions}} or {{c1:: employer's inactions}}, but {{c2::not to resign voluntarily}}. Why is the Tripartite Alliance for Dispute Management or the Employment Claims Tribunal preferred? Court proceedings are {{c1::more expensive}} and {{c1::lengthy}}, and parties are usually represented by {{c1::external solicitors}}. How are damages assess in wrongful termination? An employee in cases of wrongful dismissal is entitled to {{c1::be in the position}} as if the contract {{c1::ended lawfully}}, and damages should be assessed on the basis that that amount the employee would have earned under the contract for the period until the employer could have {{c2::lawfully terminated the contract}}, subject to {{c2::doctrine of mitigation.}} (Alexander Proudfoot Productivity; 6.138) How are damages assessed in wrongful termination? Claims in cases of wrongful dismissal are restricted by the {{c1::least onerous obligatoin rule}} unless other damages are proven by the Employee what have been restricted by the rule. How are damages assessed in event of wrongful termination? {{c1::Damages}} are assessed in a way most beneficial to the defendant (Employer), considering the employer's {{c1::earliest termination option.}} Who does termination favour? In determining how the contract could have been lawfully terminated, the employer is entitled to choose a mothod which is most beneficial to him, or at least onerous to him. The {{c1::least onerous}} obligation rule explains the Wee Kim San Lawrence case and aims to find the {{c2::least burdensome}} obligation. what is a 'summ dismissal'? An employment contract can be terminated without notice, or salary in lieu of notice, if the other party commits a {{c1::repudiatory}} or {{c1::fundamental breach}}. A contract may be terminated where: 1. the contract states that the innocent party may terminate upon a certain breach; 2. a party, by words or conduct, renounces the contract; 3. the parties intended a clause to be so important that any breach of it entitles the innocent party to terminate (breach of condition); or 4. the nature and consequence of the breach would deprive the innocent party of substantially the whole benefit of the contract. (RDC Concrete) Cases of constructive dismissal lead to legal implications where {{c1::Employers are held accountable for their actions}}. What is the timeframe to file a claim under the ECA? Claims must be filed within a specified period to ensure {{c1::timely resolution}} of disputes under the Employment Claims Act. File within {{c1::1 month after last day of}} employment (unless dismissed during pregnancy) (Section {{c2::3}} ECA) Can an employee claim for constructive dismissal under the Employment Act? The Employment Act incorporates cases of {{c1::constructive dismissal under s14(2)}} by covering situations where an employee is forced to resign due to the employer's {{c2::actions or omissions}}. What is the next course of action if mediation fails? If mediation fails in wrongful dismissal cases, employees can escalate the issue to the {{c1::Employment Claims Tribunal}} or pursue legal action in {{c2::Singapore Courts}}. Where a termination or dismissal is wrongful, an employee may bring a claim for wrongful termination or dismissal. Additionally, Section {{c1::14.2}} of the Employment Act provides an additional statutory avenue for claim in situations where an employee considers that he or she has been dismissed without just cause or excuse. Even if the Employer has {{c2::issued contractual notice or made payment in-lieu}}, the Employee can still without just cause or excuse provided that the Employee can {{c3::show reasons or justifications for wrongful termination}}. What must the Employee prove for a claim of wrongful dismissal? An employee can still claim {{c1::wrongful dismissal}} if they can prove the termination reasons were {{c2::unjust}}, even with {{c1::notice or compensation}}. What does s8 of the Employment Act provide? Employers must offer {{c1::re-employment}} subject to conditions like being {{c1::Singaporean}}, {{c1::three years}} of employment, {{c1::satisfactory performance}}, and {{c1::medical fitness}}. Who bears the burden of proof in a claim of old age dismissal? The burden of proof lies with the {{c1::employee}} to show that {{c2::age}} was the reason for dismissal, which can include evidence like {{c3::age-related comments}}. Wha is s14.2 of the Employment Act provide? {{c1::Section 14.2}} of the Employment Act offers a {{c1::statutory avenue}} for claims when an employee believes they were dismissed without {{c1::just cause or excuse}}. Can the Employer dismiss an Employee for serving their NS liabilities? An employer is prohibited from dismissing an employee solely due to their liability for {{c1::national service}} under Section {{c1::22 of the Enlistment Act, 1970}}. What are the consequences for dismissal for national service? s22 of the enlistment act is a {{c1::criminal offense}} punishable by a fine, imprisonment, or both. What statue provides maternity benefits to the employees? Sections {{c1::84}} and {{c2::84A}} of the Employment Act cover employees eligible for {{c3::maternity benefits}} under the Child Development Co-Savings Act. What is the minimum retirement age? Employees are protected against {{c1::age discrimination}} before reaching the {{c2::minimum retirement age}}, currently set at {{c3::63}} years old. Employees with liability for {{c1::national service}} or service under {{c2::specific acts}} are covered by the provisions under the {{c3::Enlistment Act, 1970}} regarding dismissal. Employers {{c1::cannot dismiss}} employees mainly due to national service obligations according to Section {{c2::22 of the Enlistment Act, 1970}}. Section 84A of the Employment Act covers {{c1::pregnant employees}} terminated due to {{c2::redundancy or reorganization}}. Section 84.1 of the Employment Act mandates that {{c1::pregnant employees}} dismissed without cause must receive {{c2::full maternity benefits}} if certified by a doctor. Section 81 of the Employment Act prohibits employers from giving notice of dismissal during an employee's {{c1::maternity leave}}. This includes situations where notice is given before the employee goes on maternity leave, but where the last day of the notice period. Employees are generally not entitled to {{c1::retrenchment}} or {{c2::redundancy benefits}} unless specified in their employment contract or employer's policies. s81 Dismissing an employee during maternity leave is a {{c1::criminal offense}}, even where the employee is terminated for {{c2::misconduct}}. {{c1::Dismissal}} under Section 14.1 differs from {{c2::termination under Section 11.2.}} Section 14.1 deals with {{c3::employer-initiated dismissals due to misconduct (only after due inquiry)}}, while Section 11.2 covers termination for willful breach by either party. Section 15 of the Employment Act allows {{c1::Employees}} to terminate their employment without notice in {{c2::emergency}} situations such as {{c2::danger}}, {{c2::violence}}, or {{c2::disease}} not covered in the contract. The prohibition on dismissal during maternity leave under {{c3::s84 and s84A of the Employment Act}} applies to employees eligible for {{c1::maternity benefits}} under the {{c2::Child Development Co-Savings Act}}. Summary dismissal in the case of wilful breach Section {{c3::11.2}} of the Employment Act in Singapore covers {{c1::termination for willful breach}} for both {{c2::employers}} and {{c2::employees}}, distinguishing between willful and fundamental breaches (s14.2). Summary dismissal for wilful breach {{c4::does not require employer to hold a due inquiry}} before summarily dismissing the employee. Employees can terminate without notice under Section 11.2 of the Employment Act for {{c1::willful material breach}}, such as {{c2::non-paymen wages}}. {{c4::s13}} of the Employment Act, Employment contract is {{c1::deemed broken}} where the {{c2::employer failed to pay salary}}, or where an employee is absent {{c2::for more than two days without prior leave from the employer}}, and {{c2::the employee has no reasonable excuse for the absence or does not inform or attempt to inform the employer of the absence}}. Employers must follow a due inquiry process to dismiss employees under Section {{c1::14.1 of the Employment Act}}. In Singapore, there is no {{c1::statutory entitlement}} to {{c2::severance pay for retrenchment}}. In summary dismissal cases, the reason for dismissal becomes irrelevant when a {{c1::repudiatory breach}} occurs, except for exceptions like {{c2::waiver}} and {{c3::estoppel}} principles. An employee can be summarily dismissed for conduct unrelated to work if the {{c1::misconduct outside of work significantly has a nexus to the work.}} {{c1::Either}} party is not obligated to provide reasons for termination if done by notice or payment in lieu of notice. However, if a reason is cited, the employer must justify it with {{c2::proof}}. Termination of employment can be initiated by either party based on the terms of the employment contract, either by {{c1::notice}} or {{c2::payment in lieu of notice}}. Under the common law, {{c1::Summary dismissal}} allows termination {{c2::without notice}} or {{c2::salary in lieu of notice}} for a {{c2::fundamental or repudiatory breach}} under contract law. In Singapore under common law termination, a {{c1::repudiatory}} or {{c2::fundamental breach}} by either the employee or the employer may lead to summary dismissal. If no misconduct is found after an inquiry during suspension, any {{c1::shortfall}} in pay must be compensated to the employee. Employers can {{c1::suspend}} an employee under investigation for up to {{c2::a week}} as per the Employment Act. Observations in the Singapore Recreation Club case included an {{c1::ambush}} without prior notice, {{c2::oppressive and aggressive}} behavior, lack of chance to respond to {{c2::allegations}}, and unsettling {{c2::claims}}. As such, the court held that the reasons for dismissal did not satisfy the test for breach of employment contract. Employers can {{c1::suspend employees}} during inquiries, lasting up to a {{c2::week}} without pay (unless extended), with at least {{c3::half pay}} to be provided. In Fuji Xero, {{c1::Dismissal reasons}} were only disclosed in the {{c2::termination letter}} and later formally issued during legal proceedings. the court held that {{c3::the employee was wrongfully terminated}}. In Singapore Recreational Club, The Court found that the dismissal reasons did not meet the criteria for breaching the employment {{c1::contract}}, and thererfore, {{c2::the test for breach of employment contract were not met.}} The requirements for due inquiry in employment law include informing the employee of {{c1::allegations}}, providing an opportunity to {{c1::respond}}. Failing to conduct proper due inquiry that is {{c1::fair and free of bias}} can result in {{c1::wrongful dismissal}} and risk a legal verdict against the employer. A key takeaway from the Wong Sung Boon case study is that {{c1::failure to perform due inquiry may result in damages awarded to the Employee for wrongful dismissal}}. {{c1::Misconduct}} involves actions violating the employment contract, such as fraud or negligence, different from {{c2::poor performance which is not a breach of employement contract}}. Conducting a due inquiry before dismissal is advisable under the Employment Act to ensure {{c1::fairness - principles of natural justice}} and {{c2::compliance}} with contractual provisions. A fair due inquiry process (in accordance with natural justice) involves {{c1::Fairness}}, {{c2::unbiased conduct}}, {{c2::informing the employee of allegations}}, and {{c2::providing a chance to respond and explain}}. Contemporaneous and accurate documentation of the process must be kept and maintained. For example, the {{c1::show cause letter, the notes of the disciplinary hearing if any, the employee's explanations, the decision made, and the outcome}}. Examples of misconduct are {{c1::fraud}}, {{c1::willful disobedience}}, and {{c1::negligence}}. The Employment Act recommends that an employer carries out a {{c1::due inquiry before dismmissal}}. {{c1::Documentation}} is important in justifying termination based on {{c2::poor performance}}, as accurate, contemporaneous documentation of unsatisfactory performance is crucial for termination justifications. Employers should consider {{c1::flexible work arrangement requests}} based on {{c2::business needs}}; rejections should be grounded in {{c3::business reasons}}, not personal bias. In the event the Employee's request for flexible work arrangement is rejected, Employers should specify the reasons for {{c1::rejection}} and explore {{c2::alternative solutions}} with the employee. Employers should not discriminate according to Singaporean guidelines based on {{c1::Non-job-related}} characteristics like {{c2::age, sex, nationality, or race}}. {{c1::The tripartite alliance and the Ministry of Manpower}} actively enforce the {{c2::Fair Consideration Framework}} and related guidelines in Singapore.