Thorough investigation found that dismissal was not age-based

• The Straits Times (24 Sep 2020): The little guy who failed to find recourse over termination

Thorough investigation found that dismissal was not age-based - The Straits Times, 1 Oct 2020

1. We wish to address Madam Chris Lim Hong Buay’s concerns highlighted in “The little guy who failed to find recourse over termination”, 24 Sep 2020 regarding the employment dismissal case of her sister (“Ms Lim”).
   
   
2. In fairness to both parties, MOM examines all relevant facts presented by both the employee and employer.
   
   
3. Due process is given to both parties to review each other’s representations and rebut or clarify if necessary.
   
   
4. Ms Lim had filed an appeal against her wrongful dismissal on grounds of age under Retirement and Re-employment Act (RRA).
   
   
5. The Ministry of Manpower (MOM) facilitated the mediation process, and also conducted a formal inquiry into her dismissal. In accordance with the provisions of the RRA and the facts of the case, MOM eventually established that the dismissal was not due to the appellant’s age. 
   
   
6. Ms Lim’s ex-employer, a tour operator, had been suffering financial losses, and had decided to restructure and cut costs. As a result, the company had to make three job positions redundant, including that of Ms Lim.
   
   
7. The company had tried to retain Ms Lim by asking her to consider an alternative part-time position, but she declined.
   
   
8. In dismissing Ms Lim, the company paid her contractual dues, including notice pay and for outstanding unused annual leave. 
   
   
9. They also offered her an additional one month’s ex-gratia payment. During mediation, the company further offered a payment to resolve the dispute but Ms Lim declined it.
   
   
10. The MOM’s investigation also established that the company did not recruit two new and younger employees with intention to take over Ms Lim’s job, as claimed.
    
    
11. One employee was recruited for a different portfolio well before the redundancy of Ms Lim’s position. The other was recruited to assist Ms Lim, but left the company prior to Ms Lim’s dismissal.
    
    
12. We recognise the impact of the dismissal on Ms Lim’s livelihood and empathise with the difficulties she is going through. Workforce Singapore has also been supporting Ms Lim with career matching services.
    
    Then Yee Thoong
    Divisional Director
    Labour Relations and Workplaces Division
    Ministry of Manpower

The little guy who failed to find recourse over termination - The Straits Times, 24 Sep 2020 

1. Editor-at-large Han Fook Kwang's column serves as a reminder that Singapore must indeed continue to protect the ordinary man in the street and ensure that people who need justice are able to access it through the country's system (Keeping Singapore safe from 'big shots', Sept 20).
   


2. I hope the Government takes to heart what Mr Lee Kuan Yew once cautioned about acting "like a big shot" - as quoted in Mr Han's commentary - and ensure there will always be someone within its ranks who is willing "to take the pin and poke the balloon and break it" when it is necessary to do so.
   


3. In the light of this article, I would like to bring up my sister's case against the company she worked at for 30 years.
   


4. Her services were terminated last year when she was 58 years old. The reason given was that the company needed to restructure and cut costs. A few months before she was asked to leave, the company had said she was overloaded with responsibilities - at the time, she was holding three portfolios. Her job title and scope were tweaked and she was to train new employees and transfer some of her duties to them. Though the company was supposed to save costs, it recruited two younger employees and distributed her workload between them.
   


5. My sister sought help from the Ministry of Manpower (MOM)with the intention of raising the issue of ageism in the workplace, which goes against the Government's call for extended employment to promote active engagement beyond retirement. Also, she was several years shy of retirement.
   


6. After 12 months, she finally received a one-liner from the MOM stating that her representation was unsuccessful as her dismissal was not found to be "without just cause or excuse". She was told that her only recourse was through a civil case - an onerous undertaking for someone who had been out of work for a year.

Chris Lim Hong Buay (Madam)