Singapore legislation
Section 8
Section 8
Remedies for unlawful dismissal on ground of age
(1)
Where any employee below the specified age considers that he has been unlawfully dismissed on the ground of age, he may, within one month of the dismissal, make representations in writing to the Minister to be reinstated in his former employment.
(2)
The Minister may, before making a decision on any such representations, direct the Commissioner in writing to inquire and report whether in his opinion the employee has been unlawfully dismissed on the ground of age.
(3)
If, after considering any report made by the Commissioner under subsection (2), the Minister is satisfied that the employee has been unlawfully dismissed by his employer on the ground of age, the Minister may, notwithstanding any rule of law or agreement to the contrary —
direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the salary that the employee would have earned had he not been unlawfully dismissed by the employer; or
direct the employer to pay such amount of salary as compensation as the Minister may consider just and equitable having regard to all the circumstances of the case,and the employer shall comply with the direction of the Minister.
(4)
In determining the amount of compensation to be awarded under subsection (3), the Minister shall, in particular, have regard to —
the loss sustained by the employee in consequence of the unlawful dismissal;
the prospects of the employee in obtaining alternative employment;
the steps taken by the employee to mitigate his loss;
the period the employee has served with the employer; and
the age of the employee.
(5)
The decision of the Minister on any representation made under this section shall be final.
(6)
Any direction of the Minister under subsection (3) shall operate as a bar to any action for damages by the employee in any court in respect of the unlawful dismissal on the ground of age.
(7)
Any employer who fails to comply with the direction of the Minister under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(8)
Where any amount to be paid by an employer under subsection (3) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (7), the amount or so much thereof as remains unpaid shall be recoverable by the court as if it were a fine and the amount so recovered shall be paid to the employee entitled to payment under the direction of the Minister.
(9)
The Minister may, by writing under his hand, delegate all or any of his powers under this section (except this power of delegation) to any public officer.
(10)
A delegation under subsection (9) is revocable at will and no delegation shall prevent the exercise of any power by the Minister.
(11)
A power so delegated, when exercised by the delegate, shall for the purposes of this section be deemed to have been exercised by the Minister.