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In Singapore, including Alexandra, wrongful termination, also referred to as unfair dismissal, occurs when an employer terminates an employee's contract in a manner that breaches the terms of the contract itself or the provisions established under Employment Act. The reasons may vary, from discrimination to retaliation, lack of just cause and termination during maternity leave.
Legal assistance is usually required in situations where you believe your rights have been violated through unlawful termination. A lawyer can help interpret the employment contract, address the complexities of the Employment Act, and guide through processes such as mediation or filing a claim with the Ministry of Manpower. It is also beneficial to have legal representation if you have to attend a hearing or deliver a claim to your former employer.
Under Singapore’s Employment Act, an employer needs to establish just or sufficient cause for dismissing an employee. If a termination is deemed to be without just cause, it can be considered wrongful. Also important is the principle of wrongful dismissal due to discrimination, where an employee cannot be dismissed on the grounds of age, race, gender, religion or marital status. Furthermore, if an employee is dismissed while on maternity leave or due to trade union activities, it is also considered wrongful termination.
In wrongful termination cases, remedies range from reinstatement of position, payment of back wages, and sometimes, compensation for humiliation and trauma.
In Singapore, you must file a claim within one month of your dismissal if you wish to claim wrongful termination.
Proof of wrongful dismissal might include emails or other communication, witness statements, evidence of discrimination, or any irregularities in the termination procedure. Essentially, you need evidence that your termination defied the terms of the Employment Act.
'Just cause' or 'sufficient cause' usually refers to serious misconduct that justifies immediate dismissal. Examples include theft, dishonesty, blatant insubordination, or being under influence of drugs or alcohol at workplace.
Under the Employment Act of Singapore, if you are certified ill by a doctor, then it is illegal for your employer to dismiss you during your sick leave.
You might consider contacting the Ministry of Manpower for additional information or the Tripartite Alliance for Dispute Management for assistance resolving your situation. Also of value may be community legal clinics or WorkRight, an initiative to ensure employees’ rights.
If you believe you are a victim of wrongful termination, it's advisable to consult a lawyer specializing in employment law. You should gather all relevant documents such as your employment contract, termination letter, payslips and any supporting evidence you have related to your claim. Remember time is of the essence as there is a one-month period to file your claim following the termination.
