Singapore legislation
Section 22
Section 22
Orders of tribunal
(1)
A tribunal may determine a claim within the tribunal’s jurisdiction by making one or more of the following orders:
an order requiring a party to pay money to another party;
an order dismissing the whole or any part of the claim;
an order requiring a party to pay costs to another party;
an order requiring an employer to reinstate an employee in the employee’s former employment.
(2)
In deciding whether to make an order under subsection (1)(c), a tribunal may take into account any of the following matters:
whether the claim was frivolous or vexatious;
whether a party without reasonable excuse failed to attend a mediation under Part 2, or a tripartite mediation (conducted by an approved mediator), of a specified employment dispute for which the claim is lodged;
whether any party without reasonable excuse failed to attend any proceedings before the tribunal which that party was required to attend.
(3)
A tribunal’s order under subsection (1) is subject to any conditions that the tribunal thinks fit to impose.
(4)
The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to the party.
(5)
The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every wrongful dismissal dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to the party.
(6)
To avoid doubt —
any amount of money that a tribunal orders to be paid under subsection (1)(a) does not include any costs that a tribunal orders to be paid under subsection (1)(c); and
where a tribunal orders a party to pay an amount of money under subsection (1)(a) and costs under subsection (1)(c), any money paid by the party is to be applied first to the payment of the amount under subsection (1)(a), and then to the payment of the costs under subsection (1)(c).
(7)
Where a tribunal does not have jurisdiction to determine a claim or any part of a claim, that claim or part (as the case may be) must be dismissed for lack of jurisdiction.
(8)
A tribunal may, instead of determining a claim by making an order under subsection (1), refer any specified employment dispute for which the claim is lodged for mediation under Part 2 (if the claim arose from a mediation under Part 2) or for tripartite mediation to be conducted by an approved mediator (if the claim arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties.
(9)
A tribunal may, when making a referral under subsection (8), order all or any of the parties to personally attend the mediation under Part 2 or the tripartite mediation (as the case may be).
(10)
A tribunal may correct an order made by the tribunal within 14 days after the date on which the order is made, or correct a statement of the tribunal’s grounds for making the order within 14 days after the date on which the statement is issued by the tribunal, to the extent necessary to rectify any of the following things:
a clerical mistake;
an error arising from an accidental slip or omission;
a material miscalculation of figures, or a material mistake in the description of any person, thing or matter, referred to in the order or statement (as the case may be);
a defect of form.
(11)
The tribunal may make the correction in subsection (10) on its own initiative or on the application of a party to the proceedings before the tribunal.
(12)
Every order made by a tribunal under subsection (1) may be enforced in the same manner as a judgment given or an order made by a District Court.