Singapore legislation
Clause 16
Clause 16
Other proceedings relating to claim
(1)
A claim for an amount relating to a specified employment dispute cannot be lodged with a tribunal if —
any proceedings relating to that amount are pending in, or have been heard and determined by, any other court or an Industrial Arbitration Court; or
a claim lodged under section 119 of the Employment Act (Cap. 91) in respect of that dispute is pending, or the Commissioner has inquired into and decided that dispute under section 115 of that Act.
(2)
Despite any other written law, where a claim for an amount relating to a specified employment dispute is lodged with a tribunal, no proceedings relating to that amount can be commenced in any other court or an Industrial Arbitration Court by either party against the other, unless the claim is withdrawn, discontinued or dismissed for lack of jurisdiction.
(3)
Where an employee is dismissed, the employee cannot lodge with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the First Schedule, or item 13 or 15 of the Second Schedule, that arises from that dismissal, if —
the employee —
has made representations in writing under section 14(2) of the Employment Act to the Minister mentioned in that provision;
has referred any question under section 84(2) of the Employment Act to the Minister mentioned in that provision;
has made representations in writing under section 35(3) of the Industrial Relations Act (Cap. 136) to the Minister mentioned in that provision; or
has made representations in writing under section 8(1) of the Retirement and Re‑employment Act (Cap. 274A) to the Minister mentioned in that provision; and
either of the following applies:
the employee does not withdraw those representations or that referral (as the case may be);
the Minister concerned makes a decision on those representations or that referral (as the case may be).
(4)
Where an employee is dismissed, and the employee lodges with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the First Schedule, or item 13 or 15 of the Second Schedule, that arises from that dismissal —
the claim is deemed to be discontinued, if the employee —
makes representations in writing under section 14(2) of the Employment Act to the Minister mentioned in that provision;
refers any question under section 84(2) of the Employment Act to the Minister mentioned in that provision;
makes representations in writing under section 35(3) of the Industrial Relations Act to the Minister mentioned in that provision; or
makes representations in writing under section 8(1) of the Retirement and Re‑employment Act to the Minister mentioned in that provision; and
the claim is deemed to be discontinued with effect from the date on which the employee makes those representations or that referral (as the case may be).
(5)
Where an employee has made representations in writing under section 8B(1) of the Retirement and Re‑employment Act to the Minister mentioned in that provision, the employee cannot lodge with a tribunal a claim for employment assistance payment, unless —
that Minister allows, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment will be lodged; and
a claim referral certificate is issued in respect of that dispute.
(6)
Where, after an employee has lodged with a tribunal a claim for employment assistance payment, the employee makes representations in writing under section 8B(1) of the Retirement and Re‑employment Act to the Minister mentioned in that provision —
the claim is stayed until that Minister decides whether to allow, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged;
if that Minister decides not to allow the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the claim is deemed to be discontinued with effect from the date of that Minister’s decision; and
if that Minister decides to allow the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the employee may proceed with the claim.
(7)
Where an employee has lodged with a tribunal a claim for employment assistance payment, the employer of the employee cannot defend the claim on the ground that the employee does not satisfy the re‑employment eligibility criteria set out in section 7(1) of the Retirement and Re‑employment Act, if the employer did not raise this defence during the mediation under Part 2 of the specified employment dispute concerning the employment assistance payment.