Oral Answer by Mrs Josephine Teo, Second Minister for Manpower, to Parliamentary Question on what constitutes wrongful dismissal
NOTICE PAPER NO. 1113 OF 2018 FOR THE SITTING ON 19 MARCH
QUESTION NO. 1872 FOR ORAL ANSWER
MP: Mr Louis Ng Kok Kwang
To ask the Minister for Manpower what constitutes claims for "wrongful" or "unfair" dismissal which will be heard by the Employment Claims Tribunal.
Answer
- The Employment Act (EA) provides remedies against two forms of wrongful dismissal.
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The first form of wrongful dismissal involves dismissal on grounds other than poor performance, misconduct or redundancy. If the employer dismisses an employee because of his poor performance or misconduct, the employer must be able to substantiate his case.
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The second form of wrongful dismissal involves pregnant employees whose contracts have been terminated without their receiving maternity benefits.
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Both forms of wrongful dismissal claims will be heard by the Employment Claims Tribunals, after the EA is amended.