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Response to Transient Workers Count Too's (TWC2) Article on the Calculation of a Migrant Worker's Claim

Employment practices

In January and April 2024, Transient Workers Count Too (TWC2) published two articles, “Court tells worker his TADM-prepared claims calculations are wrong. Who can help him calculate correctly?” (28 January 2024) and “No popping of champagne after salary claim victory” (21 April 2024), with inaccuracies and misinformation on the Tripartite Alliance for Dispute Management (TADM).

 

TADM is jointly set up by the tripartite partners, and provides advisory and mediation services for employment disputes including salary-related claims.  

 

The TWC2 article cited the case of a migrant worker “Lutfor” (fictitious name), who was allegedly advised by the Employment Claims Tribunals to approach TADM to rectify his Claim Referral Certificate as TADM had computed salary-related claims inaccurately.  

 

These are our clarifications on the article’s inaccuracies.

 

Allegation #1

 

TWC2 alleged that TADM made erroneous calculations in Lutfor’s Claim Referral Certificate.

 

This is not true. The TADM mediator had gone through Lutfor’s documents, alongside with employer’s documents to verify the claim amount. However, Lutfor did not accept the TADM mediator’s verified claim amount, and sought to claim for an amount that he had independently derived.

 

As TADM needs to maintain neutrality in the claims process and register the claims according to what the claimant intends, TADM issued a Claim Referral Certificate based on his intended claim amount.

 

After attending a session at the Employment Claims Tribunals, Luftor asked TADM to amend the Claim Referral Certificate to a different claim amount. TADM did so accordingly.

 

Allegation #2

 

TWC2 alleged that TADM resisted amending the Claim Referral Certificate for Lutfor’s claim even though the court said it was necessary.

 

This is not true. TADM did not resist amending the Claim Referral Certificate. TADM had requested for clarity and the reasons behind the Employment Claims Tribunals’ instructions to amend the Claim Referral Certificate, which Lutfor was unable to provide.

 

Subsequently, TADM gave Lutfor the benefit of doubt and amended his Claim Referral Certificate based on calculation sheet provided by him, even though he was unable to explain his revised calculations.