MOM & TADM's Response to Transient Workers Count Too (TWC2) Article on Migrant Worker's Salary Claims

On 21 Nov 2023, Transient Workers Count Too (TWC2) published an article, “Cook wins salary case despite employer cooking up evidence”, with inaccuracies and misinformation on the Tripartite Alliance of Dispute Management (TADM).  TWC2 did not seek to verify the accuracy of information with TADM before publishing the misleading article.  These wrongful accusations cast aspersions on the claim process, and the integrity and professionalism of TADM officers who support workers with their claims.

Please see below for MOM and TADM’s clarification of the facts in TWC2’s article: 

Allegation #1

According to TWC2, “Nazmul”, a migrant worker, had approached the TADM to file salary claims against his ex-employer. However, TADM had lumped all his extra hours as “overtime” (computed at 1.5x of basic rate) and did not advise Nazmul to claim for work on “Rest Days” or “Public Holidays” (computed at 2x of basic rate). TWC2 claimed that, as a result, TADM “short-changed” Nazmul of this rightful entitlement.

This is a misleading account. TADM needs to maintain neutrality in the claim process and will register the claims based on what the claimant intends to claim. Nazmul provided the TADM officer with a handwritten document which contained his own computations of his overtime hours. The TADM officer then proceeded to register the claims based on what Nazmul intended to claim.

Allegation #2

TWC2 alleged that TADM officers made a mistake by over-computing Nazmul’s claims for the month of April, as he did receive a sum of $1,200 from his employer for the month of April, which was not taken into account. TWC2 claimed that TADM had mistakenly “inflated” Nazmul’s claims and jeopardised his case before the Employment Claims Tribunal (ECT) by stating a higher claim amount in the official document.

This is not true. TADM did not make a mistake in the computing of Nazmul’s claims. TADM completed the Claim Referral Certificate based on information provided by Nazmul. He had informed the TADM officer at the start and during the mediation session that he was not paid for the month of April. As the matter could not be resolved at mediation, TADM assisted Nazmul to register his claims with the ECT where Nazmul also conveyed to the judge that he had not received any salary for the month of April.

Allegation #3

TWC2 alleged that the claims filed are locked in and there is no opportunity for claimants to correct any errors or mistakes in the claims.

This is not true. Claimants have opportunities to highlight any inaccuracies to the TADM mediator during the mediation process and amend their claims. Nazmul had opportunities to correct his claims during the mediation and did do so for some of them.