Singapore legislation

Section 8D

of Retirement and Re-employment Act

Section 8D

Procedure for making and hearing claims

Amended by4/20114/20114/20114/20114/20114/20114/20114/20114/20114/2011

(1)

The procedure for the making and hearing of claims in relation to the employment assistance payment shall be as follows:

(a)

an employee claiming shall lodge a claim in the prescribed form at the office of the Commissioner, specifying briefly the subject-matter of the claim and the remedy sought to be obtained, or he may make his claim in person to the Commissioner who shall immediately reduce it or cause it to be reduced in writing;

(b)

upon receipt of the claim and of the registration fee payable by the employee in accordance with the prescribed rate of fees, the Commissioner shall summon in writing the employer against whom the claim is made, giving reasonable notice to him of the nature of the claim and the time and place at which the claim will be inquired into, and the Commissioner shall also notify or summon all persons whose interests may appear to him likely to be affected by the proceedings;

(c)

if any person interested has been duly summoned by the Commissioner to attend an inquiry, and makes default in so doing, the Commissioner may subsequently summon in writing that person, giving reasonable notice to him of the nature of the claim and the subsequent time and place at which the claim will be inquired into, and the summons may be delivered by ordinary post to his last known address, and shall be deemed to be duly served on that person;

(d)

the Commissioner may also summon such witnesses as either party may wish to call;

(e)

at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the employee claiming and the employer against whom the claim is made shall be present after having been notified in writing of the inquiry;

(f)

at the preliminary inquiry, the employee may amend or withdraw the whole claim or portion thereof, or reach a settlement in respect of the claim;

(g)

if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner shall make an order recording the terms of the settlement and that order shall have effect as if it were an order made under paragraph (h);

(h)

at the time and place appointed, the parties shall attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation the statements and evidence and any other evidence which he may consider necessary, shall give his decision and make such order in the prescribed form as may be necessary for giving effect to the decision;

(i)

if any person interested has been duly summoned by the Commissioner to attend at the inquiry and makes default in so doing, the Commissioner may hear the claim and make his decision in the absence of that person notwithstanding that the interest of that person may be prejudicially affected by his decision; and

(j)

the Commissioner shall keep a case book, in which he shall enter notes of the evidence taken and the decisions arrived at in each case heard before him and shall authenticate them by attaching his signature thereto, and the record in the case book shall be sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, a decision or an order, shall be entitled to a copy of the record upon payment of the prescribed fee.

Amended by4/2011

(2)

Where an employer admits to the Commissioner in writing that an amount of the employment assistance payment is owing by him to an employee, he need not be summoned before the Commissioner and the Commissioner may make such order in his absence.

Amended by4/2011

(3)

Any person so summoned shall be legally bound to attend at the time and place mentioned in the summons and to answer truthfully all questions relating to the dispute which the Commissioner may put to him.

Amended by4/2011

(4)

In hearing claims or conducting proceedings under this section, the Commissioner —

(a)

shall not be bound to act in a formal manner or in accordance with the Evidence Act (Cap. 97) but may inform himself on any matters in such manner as he thinks just; and

(b)

shall act according to equity, good conscience and the merits of the case without regard to technicalities.

Amended by4/2011

(5)

In proceedings before the Commissioner, a party —

(a)

being an employee and a member of a trade union that has been given recognition under Part III of the Industrial Relations Act (Cap. 136) by the employer of the employee, may be represented by an officer of the trade union; and

(b)

being an employer may be represented by one of his employees, but shall not be represented by an advocate or solicitor or a paid agent.

Amended by4/2011

(6)

Any summons issued under subsection (1)(b) or (d) or section 9A(1), may be served on any person in the same manner as the service of a summons under section 116 of the Criminal Procedure Code (Cap. 68).

Amended by4/2011

(7)

Any summons sent by registered post to any person in accordance with subsection (6) shall be deemed to be duly served on the person at the time when the summons would in the ordinary course of post be delivered and, in proving service of the summons, it shall be sufficient to prove that the envelope containing the summons was properly addressed, stamped and posted by registered post.

Amended by4/2011

(8)

No fees other than a registration fee in accordance with the prescribed rate of fees shall be charged by the Commissioner in respect of processes issued by him under this section and all orders made by the Commissioner shall, notwithstanding that they may in respect of the amount or value be in excess of the ordinary jurisdiction of the court, be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by the Court on behalf of the Commissioner.

Amended by4/2011

(9)

No sale of immovable property shall for the purposes of the enforcement be ordered except by the High Court.

Amended by4/2011

(10)

Nothing in this section shall limit or affect the jurisdiction of any court.

Amended by4/2011