Singapore legislation
Section 27
Section 27
Burden of proof
(1)
In any proceedings under this Act before a tribunal or the General Division of the High Court, a person who makes any of the following allegations bears the burden of proving that allegation:
an allegation that the person is not the employer or employee of the claimant;
an allegation that the person is not a person who has a duty under any of the following Acts to do or abstain from doing any thing:
the Child Development Co‑Savings Act 2001;
the Employment Act 1968;
the Retirement and Re‑employment Act 1993.
(2)
In any proceedings under this Act before a tribunal or the General Division of the High Court, the following apply:
where an employee is dismissed without notice by an employer under section 14(1) of the Employment Act 1968, and the employee lodges a claim mentioned in section 14(2) of that Act against the employer — the employer bears the burden of proving the allegation that the employee was dismissed with just cause or excuse;
where an employee is dismissed with notice by an employer, and the notice of dismissal is or purports to be given on the ground that there has been poor performance or misconduct by the employee — the employer bears the burden of proving that ground for giving the notice of dismissal;
where a notice of dismissal is given to a female employee by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968, and the female employee lodges a claim mentioned in section 84(2) of that Act against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause;
where a notice of dismissal is given to a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act 2001 by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968 (as applied to the female employee), and the female employee lodges a claim mentioned in section 84(2) of the Employment Act 1968 (as applied to the female employee) against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause.