Singapore legislation
Clause 3
Clause 3
Mediation of specified employment dispute
(1)
Before a claimant lodges a claim against a respondent, the claimant must submit to the Commissioner a mediation request relating to every specified employment dispute for which the claim will be lodged.
(2)
The mediation request must be submitted to the Commissioner in the prescribed manner by the following time:
for any specified employment dispute concerning the recovery, under section 65 of the Employment Act (Cap. 91), of salary — within the period mentioned in section 65(2A) of that Act or, if that period is extended under section 65(2B) of that Act, within the extended period;
for any re‑employment dispute described in section 8A(3) of the Retirement and Re‑employment Act (Cap. 274A) — not later than 6 months after the last day of employment of the employee;
for any re‑employment dispute under section 8B(7) of the Retirement and Re‑employment Act — within the time determined under section 8B(7A) of that Act;
for any specified employment dispute where an employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise) but not mentioned in paragraph (a), (b) or (c) — not later than 6 months after the last day of employment of the employee;
for any other specified employment dispute — not later than one year after the date on which the material facts giving rise to the earliest specified employment dispute listed in the mediation request occurred.
(3)
The mediation request —
subject to paragraphs (b) and (c), must list every specified employment dispute in relation to which all of the following requirements are satisfied at the time the mediation request is submitted to the Commissioner:
a claim for an amount relating to the dispute satisfies the requirements in section 12(2), (3) and (4);
the material facts giving rise to the dispute occurred not earlier than one year before the date on which that request is submitted to the Commissioner in accordance with subsection (2);
the dispute is not listed in an earlier mediation request (relating to specified employment disputes between the same claimant and the respondent) already accepted by the Commissioner and is not withdrawn before the date of the first mediation session to be conducted pursuant to the earlier mediation request;
must not list a specified employment dispute if —
paragraph (a) requires an earlier mediation request that was submitted by the claimant and accepted by the Commissioner to list the dispute; and
the requirements prescribed for this sub‑paragraph are not satisfied in relation to the dispute;
must not list a specified employment dispute if, under section 16, a claim for an amount relating to the dispute cannot be lodged by the claimant with a tribunal; and
must be accompanied by the prescribed fee for a mediation under this Part.
(4)
The Commissioner may —
refuse to accept a mediation request if —
that request does not comply with the requirements in subsections (2) and (3); or
the requirement in section 12(7) cannot be satisfied in relation to that claim;
waive, remit or refund, wholly or in part, the fee mentioned in subsection (3)(d); and
pay the whole or a part of the fee mentioned in subsection (3)(d) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.
(5)
Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every specified employment dispute listed in that request for mediation by an approved mediator.
(6)
Regulations made under section 34 may —
prescribe the manner in which a mediation request is to be submitted to the Commissioner;
prescribe the persons (or classes of persons) who may submit a mediation request relating to a specified employment dispute on behalf of a claimant, the classes of claimants on whose behalf any such mediation request may be submitted, and the categories of specified employment disputes to which any such mediation request may relate, including different persons (or classes of persons) for different classes of claimants and different categories of specified employment disputes;
prescribe the requirements mentioned in subsection (3)(b)(ii);
prescribe the fee mentioned in subsection (3)(d), including different fees for different classes of claimants and respondents and different categories of specified employment disputes;
prescribe any person or class of persons mentioned in subsection (4)(c);
provide for the review by the Commissioner of any decision made by the Commissioner under subsection (4)(a) or (b), and the time within which the application for the review must be made; and
provide for the amendment of the list of specified employment disputes in a mediation request accepted by the Commissioner.
(7)
The Minister may, by order in the Gazette, lengthen or shorten one or more of the following periods, either absolutely or for any class of claimants, any class of respondents and any category of specified employment disputes:
the period of 6 months mentioned in subsection (2)(d);
the period of one year mentioned in subsection (2)(e);
the period of one year mentioned in subsection (3)(a)(ii).
(8)
This section does not apply to a claim if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of the specified employment disputes to which the claim relates.