Singapore legislation
Section 8B
Section 8B
Remedies relating to unreasonable denial of re-employment and dismissal without just cause or excuse
(1)
An employee who has a re-employment dispute with his employer which relates to any matter referred to in section 8A(4)(a) or (b), or an employee (being an employee who attains the specified age on or after 1st January 2012) who considers that he has been dismissed without just cause or excuse by his employer on or after the date the employee attains the specified age, may at any time after any conciliation conducted pursuant to section 8A(5), make representations in writing to the Minister to be re-employed.
(2)
Any representations to the Minister under subsection (1) shall be made no later than one month after the conclusion of any conciliation conducted pursuant to section 8A(5).
(3)
Where an employee who is dismissed by his employer makes any representations to the Minister in accordance with subsection (1) to be re-employed, such representations made shall operate as a bar to —
the lodging of any claim under section 8C(1) in relation to the matter referred to in section 8A(4)(d), by that employee in respect of that dismissal; and
the making of any representations to the Minister in respect of that dismissal under section 14(2) of the Employment Act (Cap. 91) or section 35(3) of the Industrial Relations Act (Cap. 136).
(4)
Where an employee who is dismissed by his employer makes any representations to the Minister in respect of that dismissal under section 14(2) of the Employment Act or section 35(3) of the Industrial Relations Act, such representations made shall operate as a bar to —
the making of any representations to the Minister in respect of that dismissal under subsection (1); and
the lodging of any claim under section 8C(1) in relation to the matter referred to in section 8A(4)(d), by that employee in respect of that dismissal.
(5)
The Minister may, before making a decision on any such representations made under subsection (1), direct the Commissioner to inquire and report whether in the Commissioner’s opinion the employee has been unreasonably denied of re-employment by his employer, or has been dismissed without just cause or excuse by his employer, as the case may be.
(6)
If, after considering any report made by the Commissioner under subsection (5), the Minister is satisfied that the employee has been unreasonably denied of re-employment by his employer, or dismissed by his employer without just cause or excuse, as the case may be, the Minister may, notwithstanding any rule of law or agreement to the contrary —
direct the employer to re-employ the employee; or
direct the employer to pay such amount of 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.
(7)
Notwithstanding any other provision in this section, if the Minister —
after considering any report made by the Commissioner under subsection (5); and
is satisfied that in relation to a dispute, being a re‑employment dispute over the matter referred to in section 8A(4)(b), the employer had made reasonable attempts to find a vacancy in his establishment which is suitable for his employee,the Minister may allow the employee to lodge a claim for employment assistance payment with the Commissioner within such time as the Minister may determine.
(8)
Sections 8C(4), 8D, 8E and 8F shall apply in relation to any claim lodged by an employee pursuant to subsection (7).
(9)
In determining the amount of compensation to be awarded under subsection (6), the Minister may, in particular, have regard to —
the tripartite guidelines; and
the steps taken by the employer to re-employ his employee.
(10)
The decision of the Minister on any representation made under this section shall be final.
(11)
Any direction of the Minister under subsection (6) shall operate as a bar to any action for damages by the employee in any court in respect of the unreasonable denial of re-employment, or the dismissal of the employee without just cause or excuse, as the case may be.
(12)
Any employer who fails to comply with the direction of the Minister under subsection (6) 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.
(13)
Where any amount of compensation to be paid by an employer under subsection (6) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (12), the amount or part thereof that 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.
(14)
The Minister may, by writing under his hand, delegate all or any of his powers under this section (except the power of delegation conferred by this section) to any public officer.
(15)
A delegation under subsection (14) is revocable at will and no delegation shall prevent the exercise of any power under this section by the Minister.
(16)
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.